The Directive 2000 /78 / EC was adopted by the EU Council on 27 November 2000. The Directive aims to establish a general framework for equal treatment in employment and occupation.

The Directive gives no definition of disability, but it is after the decision in Case “Chacon Navas" that is interpreted autonomously and uniformly. This means that disease and disability can be distinguished.  A disability, according to the ECJ, is a restriction - in particular because of physical, mental or psychological impairments which constitutes "an obstacle to the participation of the person in professional life". A disease may fall into this scope as it meets the criterion of duration of the impairment.