February 2008

Discrimination by association: Coleman v Attridge Law & Steve Law

On 31 January 2008, the Advocate-General’s opinion was given in the case of Coleman v Attridge Law & Steve Law. The opinion gives a definitive answer on an important discrimination issue.

The Advocate-General confirmed that it is possible for an individual to be discriminated against “on the grounds of disability” even where that individual is not disabled themselves. This opens the door to claims by carers who feel that they have been treated less favourably by an employer because they are looking after someone who has a disability.

The facts of the Coleman case relate to disability but, the Advocate-General indicated that the same principle of associative discrimination could be applied more widely within the EC Equal Treatment Framework Directive, encompassing situations where individuals have faced discrimination due to their association with a third party and as a consequence of that third party’s age, sexual orientation, religion or belief.

The issues raised here are yet to be decided by the ECJ but, if the Advocate-General’s opinion is followed, it will be interesting to see how the UK interprets this new development to ensure that the existing discrimination legislation in this country does not fall short of what is required.

Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases.

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