discrimination by association
The Disability Discrimination Act 1995, on the
face of it, only protects the person who is actually disabled
(within the meaning of the Act). However, the Employment
Appeal Tribunal has now confirmed that the Act can be interpreted
as prohibiting direct discrimination or harassment by association
with a disabled person.
Mrs Coleman, a legal secretary, was the
primary carer for her disabled son. She issued a claim
against her employer for unfair constructive dismissal and
discrimination under the Act, in which she alleged that:
- her employer called her lazy when she asked to take time off to
care for her son
- she was refused flexibility regarding her working hours
- a grievance relating to her treatment was not dealt with
properly
- abuse and insulting comments were made about her and her
son.
Mrs Coleman argued that she was subjected to
less favourable treatment by reason of her association with her
disabled son.
The Employment Tribunal decided that the Act
does not cover such discrimination and only protects those who are
themselves disabled. However, the case was referred to the
European Court of Justice which confirmed that the Equal Treatment
Framework Directive, which imposes requirements on UK
anti-discrimination law, does prohibit associated
discrimination.
what this means for social landlords
The significance of this case is that any
employee can now bring a claim for direct discrimination or
harassment based on another person's disability. All social
landlords should ensure that their equal opportunities and
harassment policies are updated accordingly.
