Coleman v Attridge Law and another Case C-303/06 ECJ
disability discrimination | association with a disabled person
The European Court of Justice (ECJ) has held that the Framework Employment Directive (2000/78/EC) does cover direct discrimination and harassment against an employee on the ground of his or her association with a disabled person.
Ms Coleman claimed that she had been discriminated against because she is the primary carer for her disabled son. She alleged that the discriminatory treatment included a refusal to allow her to return to her existing job after coming back from maternity leave; the suggestion that she was 'lazy' when she sought to take time off to care for her son; a refusal to give her the same flexible working arrangements as her colleagues with non-disabled children; and an allegation that she was using her child to manipulate her working conditions.
While the Disability Discrimination Act 1995 covers only discrimination against 'a disabled person' on grounds of his or her disability, the Framework Employment Directive prohibits discrimination 'on the grounds of religion or belief, disability, age or sexual orientation'. Ms Coleman argued that, if the Framework Employment Directive covers discrimination by association, the Disability Discrimination Act 1995 must also be construed in this way. An employment tribunal referred the question to the ECJ.
The ECJ concluded that the prohibition on direct discrimination in the Framework Employment Directive is not limited to individuals who are themselves disabled. Where an employer treats a non-disabled employee less favourably than another employee in comparable circumstances, and it is established that the less favourable treatment is based on the disability of the employee’s child, such discrimination will be contrary to the prohibition laid down by the Directive. The same is true of the prohibition on harassment.
Case transcript of Coleman v Attridge Law and another (on the ECJ website)
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