El tratamiento procesal de la discriminación por razón de enfermedad infectocontagiosa en el marco de las relaciones de trabajo

Laburpena

The applicable labor regulations establish reasonable parameters that balance the right to privacy and the prohibition of discrimination in relation to the right to health at labor. An adequate health protection at labor must excluded possible risks for the worker and his own work environment in the development of employment. A jurisprudential recognizing of disease, under certain conditions, as a possible cause of discrimination has recently arises. Lastly, although the factual approach that could be submitted to jurisdictional knowledge is not linear, there are several tangential lines between possible violations of ordinary legality and discriminatory situations, the rules that define the applicable procedure and the transfer between procedures of procedural guarantees provided, as well as the possibilities of allegation and evidence, may conclude an adequate protection against discrimination on the grounds of disease in the field of employment relationships.