Discrimination by association

Case 3: The facts

Ms Coleman worked as a legal secretary. She was the primary carer of her disabled son. She alleged that her employers did not allow her the same flexibility regarding her working hours and the same working conditions as they did her colleagues who were parents of non-disabled children. She said she was described as lazy when she requested time off to look after her son, whereas parents of non-disabled children were allowed time off. The employment tribunal asked the ECJ to decide as a preliminary issue whether the General Framework Directive (2000/78) prohibits direct discrimination and harassment against an employee who is not herself disabled, but on grounds of her disabled son for whom she cares.

The ruling

The ECJ said that it does. Article 2(2)(a) prohibits less favourable treatment on any of the grounds in article 1 (which include ‘disability’). Similarly, article 3 prohibits harassment ‘related to any of the grounds’ in article 1. However, not all forms of disability discrimination protect employees who are not disabled. An employer’s duty to make reasonable adjustments, set out in article 5 of the Directive, can only relate to the treatment of disabled people.