Associative disability discrimination refers to any mistreatment or harassment in the workplace motivated against an individual because of their close association with a disabled person. Although this form of discrimination is not explicitly covered by existing anti-discrimination laws, a recent ruling in the European Court of Justice has held that this form of indirect discrimination is not permissible under Council Directives put in place to ensure equal treatment to all workers.
This judgement clarifies an important point of law which could have huge repercussions for future discrimination cases. In this instance, although the claimant was not disabled, the court ruled that the employers had not treated her on a par with her fellow workers, and that the reason for this inequality was based on disability; namely, the disability of her son.
The ruling by the ECJ marks an important shift in the interpretation of discrimination legislation: rather than applying to a particular category of person, the law now appears to relate only to the actual nature of the discrimination. The logical extension of this judgement is that the same approach should be taken with all types of discrimination: religious belief, age, and sexual orientation.
If you feel that this ruling may have an effect on an employment-related issue that you are currently facing, contact Ashby Cohen today for a free intial telephone consultation.
