Coleman v Attridge Law and another C-303/06 [2008] IRLR 722 (ECJ) | Practical Law

Coleman v Attridge Law and another C-303/06 [2008] IRLR 722 (ECJ) | Practical Law

In Coleman v Attridge Law and another C-303/06 the ECJ ruled, following the Advocate General's opinion, that the Framework Directive provides protection against "associative discrimination" (that is, discrimination against a non-disabled person on grounds of their association with a disabled person) in respect of direct discrimination and harassment. Less favourable treatment or harassment of an individual on grounds of the disability of a person closely associated to them is therefore unlawful under the Framework Directive.

Coleman v Attridge Law and another C-303/06 [2008] IRLR 722 (ECJ)

Practical Law Resource ID 5-382-6251 (Approx. 2 pages)

Coleman v Attridge Law and another C-303/06 [2008] IRLR 722 (ECJ)

by PLC Employment
Published on 17 Jul 2008England, Scotland, Wales
In Coleman v Attridge Law and another C-303/06 the ECJ ruled, following the Advocate General's opinion, that the Framework Directive provides protection against "associative discrimination" (that is, discrimination against a non-disabled person on grounds of their association with a disabled person) in respect of direct discrimination and harassment. Less favourable treatment or harassment of an individual on grounds of the disability of a person closely associated to them is therefore unlawful under the Framework Directive.
The EAT has already confirmed (albeit in the context of the appeal against the tribunal's reference to the ECJ) its view that the Disability Discrimination Act 1995 is capable of a purposive approach to include associative discrimination. Although Ms Coleman will need to return to the tribunal for a ruling in her claim, the ECJ's decision should pave the way for other tribunals to consider claims based on associative disability discrimination.