Disability Discrimination ´By Association´

Employment briefing

In a landmark decision, the European Court of Justice (ECJ) has ruled that, in relation to direct disability discrimination and harassment, the European Equal Treatment Framework Directive (Framework Directive) protects against "associative discrimination" (in other words, discrimination against a non-disabled person on grounds of his/her association with a disabled person). (Coleman -v- Attridge Law and Steve Law)

FACTS

Mrs Coleman brought Tribunal proceedings, alleging that she was directly discriminated against and harassed at work on grounds of her son's disability. She claimed that she was treated less favourably than other employees (who were parents of non-disabled children), because she was the primary carer of a disabled child. She also claimed that this treatment caused her to stop working for her former employer.