The ECJ has, this morning, published its landmark decision in Coleman v Attridge Law. Following the Advocate General’s opinion given on 31 January 2008, the ECJ has confirmed that the Equal Treatment Framework Directive is intended to prohibit associative discrimination in the context of direct discrimination and harassment. According to the ECJ’s decision, the Directive is intended to prohibit direct discrimination or harassment on grounds of disability, even where the person concerned is not disabled themselves.
Ms Coleman, who is the primary carer of her disabled son, alleges she was directly discriminated against and harassed by her former employers on grounds of the disability of her son.
The Directive applies to age, sexual orientation, religion and belief, as well as disability. Following the ECJ’s decision, direct discrimination by association in those other contexts must also be prohibited. (However, the Employment Equality (Age) Regulations 2006 do not yet appear to afford protection from direct discrimination by association in the context of age.)
Tags: Coleman-v-Attridge Law, disability discrimination, ECJ decision
