"Associative discrimination" ruled unlawful by ECJ

Workplace discrimination against employees because of their association with a disabled or elderly person has been ruled unlawful by the European Court of Justice (ECJ), according to reports.

In a "landmark" ruling that could have implications for London recruiters and companies across the European Union, the court found in favour of an able-bodied legal secretary who claimed her employer directly discriminated against her because she had a disabled child, People Management states.

Sharon Coleman said she was unfairly blocked from returning to her previous role after finishing her maternity leave, denied flexible working arrangements granted to others and subjected to abusive comments from her colleagues.

Under the UK's current interpretation of Disability Discrimination Act, a person is only protected from discrimination against their own disability, but the ECJ found that unfair treatment because of an employee's links to "protected" persons such as those with a disability is unlawful under the European Equal Treatment Framework Directive.

A tribunal will now have to rule on whether British law can be interpreted differently or if the legislation will have to be redrafted, the magazine added.

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