Arbete och funktionsnedsättning: En cripteoretisk analys av möjligheterna på arbetsmarknaden för personer med osynliga funktionsnedsättningar

Sammanfattning: This thesis aims to describe and critical peruse how the Swedish law treats persons with invisible disabilities in the labour law, with a special focus on termination of employment due to personal reasons. The essay is of particular interest because of the reform of the Employment Protection Act (SFS 1982:80), which is to be implemented in Swedish law later this year. To be able to answer the aim of this essay, I have explored the labour regulation relative to persons with invisible disabilities based on three issues. The first question is about how the employment protection works for persons with invisible disabilities in case of termination of employment due to personal reasons and whether it may change due to the reform of the Employment Protection Act. The second question concerns the issue of anti-discrimination law on the labour market relative to persons with invisible disabilities. The last third question is about the regulation of work environment for the actual group. I use legal dogmatic method in the descriptive parts of thesis. In addition, the legal material is analyzed based on crip theory. Shortly, crip theory is a theory formation based on the premise that the society suppose that all persons work uniform, which also is the premise of the shaping of the society and legislation. However, in the thesis I have found out that the labour law is poorly adapted to persons with invisible disabilities. For the first, the discussion of the group is deficient in the legislative history. The legislative history related to the reform of Employment Protection Act is unclear and I am not able to give a clear answer about how the group will be handled under the new rules. Also the legal material connected to the anti-discrimination and work environment legislation are deficient related to persons with invisible disabilities. A possible reason of this order, according to crip theory, is that the society and legislator suppose that persons are uniform until proven otherwise.