Disabilità e lavoro: inclusione e modelli di tutela

The present research aims to examine the profound and structural transformations that, over the last two decades, have affected the regulation of labour market inclusion for persons with disabilities. The analysis is guided by a central question, namely to what extent the multilevel system and the Italian legal order are able to ensure the effectiveness of the right to work for persons with disabilities throughout the entire employment relationship, from access to employment through to job retention and eventual termination, by means of sheltered employment schemes and the duty to provide reasonable accommodation. In this perspective, the focus is not limited to the formal coherence of the legal framework, but extends to its capacity to generate effective organisational practices, so as to prevent inclusion from remaining contingent or being assessed only ex post in litigation. The research is grounded in the shift away from a medical and welfare-based conception of disability towards the bio-psycho-social model, according to which disability is not an intrinsic individual condition, but rather the result of the interaction between individual impairments and environmental and organisational barriers that restrict full participation. As regards methodology, the study combines legal doctrinal analysis with a historical approach and a multilevel comparative perspective. In particular, the historical reconstruction allows for a critical reading of the transition from the former compulsory employment system under Law No. 482 of 1968 to the current sheltered employment framework introduced by Law No. 68 of 1999, highlighting its limits and implementation issues. Furthermore, the multilevel dimension underscores the decisive role of supranational and EU sources. In this respect, the UN Convention on the Rights of Persons with Disabilities (2006), Directive 2000/78/EC, and the case law of the Court of Justice of the European Union are particularly significant, as they have progressively strengthened the principle of non-discrimination and consolidated the duty of reasonable accommodation as a proactive obligation to adapt the organisation of work. The core of the study analyses reasonable accommodation as a key institution of anti-discrimination law in employment relations, with particular attention to dismissal on grounds of incapacity and the management of sick leave thresholds. The analysis also extends to new forms of work organisation, in particular remote working, as well as to the impact of artificial intelligence on employer decision-making processes. In addition, the study considers the role of collective bargaining and organisational practices, while highlighting persistent territorial disparities and difficulties in translating legal principles into operational measures. Finally, the conclusions show that the legal framework is in an advanced but not yet fully consolidated transitional phase. While the normative system is well established at the level of principles, significant implementation gaps remain in practice. In this context, reasonable accommodation emerges as the central mechanism for ensuring substantive equality and effective labour market inclusion.