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There can be Associative Discrimination

The European Court of Justice (ECJ) has, this morning, published its landmark decision in Coleman v Attridge Law , in answer to questions referred by the London South Employment Tribunal. The ECJ has confirmed that the Equal Treatment Framework Directive is intended to prohibit associative discrimination in the context of direct discrimination and harassment.

Ms Coleman is the primary carer for her disabled son. She alleges she was directly discriminated against and harassed by her former employers on grounds of the disability of her son. The ECJ says that the Directive is intended to prohibit direct discrimination or harassment on grounds of disability, even where the person concerned, Ms Coleman in this case, is not disabled themselves.

The Directive applies to age, sexual orientation, religion and belief, as well as disability. The effect of the ECJ's decision is that direct discrimination by association in those other contexts must also be prohibited. The Employment Equality (Age) Regulations 2006 do not appear to afford protection from direct discrimination by association in the context of age.

Here is a link to the relevant press release:

http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080053en.pdf

For more details about this or any other area of employment law, please contact:

Alan Lewis George Davies Solicitors LLP

Tel 0161 234 8812 E-mail: alanlewis@georgedavies.co.uk

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