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Entries matching label european-court-of-justice:

Associative Discrimination

17 Jul 2008, 11:06 by Joseph Neville

Labels: barrister, disability-discrimination, discrimination, employee, employment, european-court-of-justice

The European Court of Justice has now handed down its judgment in the employment law case of Coleman v Attridge Law. This is where a non-disabled employee claimed disability discrimination based on being harassed due to her having a disabled son.

The court has confirmed that this ‘associative' discrimination is prohibited by the Equal Treatment directive. This applies for all forms of discrimination.

When a court decides on whether or not the decision can have effect under the UK's Disability Discrimination Act, or when the government amends the Act, this will be of considerable advantage to employees needing flexibility and time off work to care for disabled dependants.

Written by Joseph Neville, Barrister at New Walk Chambers, specialising in Employment Law.


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