Disability: discrimination by association

Case 4: The facts

Ms Coleman claimed direct discrimination and harassment under the Disability Discrimination Act 1995 because she had a disabled son. In Coleman v Attridge Law, (C-303/06 ECJ; [2008] IRLR 722), the European Court of Justice said the Equal Treatment Framework Directive (2007/78/EC) covered direct discrimination or harassment by association. The case was sent back to the employment tribunal to decide whether the DDA 1995 can be interpreted consistently with European law.

The ruling

At a pre-hearing review, the employment tribunal decided the Disability Discrimination Act 1995 can be read in such a way as to accord with European law. It implied additional words into the definitions of direct discrimination and harassment so as explicitly to cover “a person associated with a disabled person.” Coleman could therefore bring her case.