Disability discrimination by association
The second issue relating to the extent of protection from disability discrimination which has been examined by the CJEU, is whether it extends to discrimination by association. In other words, does protection extend to persons who are not themselves disabled, but are treated less favourably because of the disability of someone they are associated with such as family members, friends or co-workers.
Coleman v Attridge Law C-303/06 3 April 2008
Facts:
Ms Coleman was a legal secretary in a law firm from 2001. In 2002 she gave birth to her son who is disabled. Ms Coleman is his primary carer.
She accepted voluntary redundancy in 2005 and brought a claim of disability discrimination and harassment on grounds of disability. Coleman was represented in her claim by the Equality and Human Rights Commission in the United Kingdom. The claim alleged discriminatory acts by her former employers by reason of her association with her disabled son.
Findings of the court:
The wording and intention of the Framework Directive is to prevent all forms of discrimination on grounds of disability, not just against disabled persons. The use of the words “on grounds of disability” in relation to direct discrimination and harassment indicated that the Directive was broad enough to protect discrimination by association.
There was a difference with the provisions on indirect discrimination which refers to provisions, criterion or practices that put or would put “persons with a particular disability” at a disadvantage.
Implications:
The decision has direct implications for all other grounds of protection under the Framework and Race Directives as well as the Gender Directives, as the same principle applies for direct discrimination and harassment on those grounds. In others discrimination by association should apply to all the protected grounds.