Coleman v Attridge Law

The prohibition of direct disability discrimination and harassment protects an employee who is treated less favourably because of the disability of her child, although she is not disabled herself.

Citation
Case C-303/06, [2008] ECR I-5603
Court
Court of Justice of the European Union
Year
2008
Subject
Employment Law
Topic
Discrimination at work

Facts

Ms Coleman worked as a legal secretary for a firm of solicitors. Her son was disabled, and she was his primary carer. She claimed that she had been treated less favourably than other employees with non disabled children, including being refused flexible working, called lazy when she asked for time off to care for her son, and subjected to abusive comments about her son's disability. She was eventually forced to resign. The question was whether the Employment Equality Framework Directive protected a person who was not disabled herself.

Legal principle

The Court of Justice held that the directive prohibited direct discrimination and harassment against an employee because of the disability of her child, whose care she provided. The principle of equal treatment was not limited to people who were themselves disabled, but extended to discrimination on grounds of disability, including discrimination by association. The ruling led to the Equality Act 2010 defining direct discrimination as less favourable treatment because of a protected characteristic, without requiring that the characteristic be the claimant's own.

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