Discrimination By Association Definition

A framework for fairness.

Discrimination by association definition. Associative discrimination or discrimination by association is when you treat someone unfairly because of someone else s protected characteristic. The equality act 2010 introduced the concept of discrimination by association into uk legislation following the landmark decision of the european court of justice ecj in coleman v attridge law while claims of this type have been relatively unusual two recent cases have put the issue back in the spotlight sarah embleton and kate redshaw consider what they could mean for employers. Discrimination is still on racial grounds i e. The wide definition of direct discrimination also encompasses discrimination by perception.

For example not employing a mother because she has a disabled child is associative disability discrimination. Discrimination by association with transsexuals some changes to national law in this area are already being considered by the government. Discrimination by association describes the situation where an individual can bring a discrimination claim based not on a characteristic of their own but on a characteristic of another person. 54 however this certainly does not mean that it would have ruled out the existence of discrimination by association in the case of indirect discrimination.

Discrimination by association. In the past this concept only applied to direct discrimination and harassment. This could be a friend spouse partner parent or anyone with whom they associate. Marriage and civil partnership and pregnancy and maternity are not covered by the legislation.

Proposals for a single equality bill for great britain it was proposed that discrimination legislation should be extended to protect individuals who socialise or work with transsexuals. Discrimination by association associative discrimination comes about when someone is treated unfavourably on the basis of another person s protected characteristic. The ground of colour and is unlawful. It may be that the court has thus far only had the opportunity to consider the problem of discrimination by association with reference to a case of direct discrimination.

Discrimination by association doesn t apply to all protected characteristics.