New Developments In Employment Law

Risk of Discrimination by Association

Carers may now claim disability discrimination against their employers, if they are treated less favourably, or harassed, on the grounds of their association with a disabled person.

This follows a ruling by the European Court in July 2008, in which a non-disabled woman successfully claimed she was discriminated against by virtue of her "association with" a disabled person, her son (Coleman -v- Attridge). Her employer had allegedly accused her of being "lazy" for taking time off to look after him.

It is possible that this could extend to other situations, such as age discrimination in respect of employees who care for young or elderly people.