Discrimination - ECJ Rules
In a decision that will have far reaching implications, the European Court of Justice (ECJ) has ruled (Coleman v Attridge Law) that a woman with a disabled child is entitled to protection from discrimination at work on the grounds of her child’s disability. The case concerned the interpretation of the EU Equal Treatment Framework Directive and its impact on disability discrimination legislation in the UK.
Sharon Coleman’s son was born with serious respiratory problems. She brought a claim of disability discrimination and constructive dismissal against her ex-employer on the grounds that she had been discriminated against because of her son’s disability. Amongst her claims of unfair treatment were that she was not permitted to work from home, even though other employees were allowed to do so to care for non-disabled children, and that she was placed in a pool of staff selected for redundancy after she said that she intended to make a formal request for flexible working in order to care for her son. Ms Coleman claimed that her employer’s actions had created a hostile environment which forced her to resign.
The wording of the Disability Discrimination Act 1995 (DDA) is such that it protects disabled employees but does not afford protection to an employee who is discriminated against because he or she cares for a disabled person. Ms Coleman argued that the Equal Treatment Framework Directive does give protection from unfair treatment which arises out of association with a disabled person. The Employment Tribunal referred the question to the ECJ in order to establish whether the UK law properly implements the Directive.
The ECJ has followed the opinion of the Advocate General and ruled that the purpose of the Directive, as regards employment, is to combat all forms of discrimination on grounds of disability. Limiting its application only to people who are themselves disabled would render the Directive less effective and reduce the protection which it is intended to guarantee. Where an employer treats a non-disabled employee less favourably because of the disability of his or her child, whose care is provided primarily by that employee, such treatment is contrary to the prohibition of direct discrimination laid down in the Directive. Likewise, the Directive also protects an employee from unwanted conduct amounting to harassment that is related to the disability of the employee’s child.
Sharon Coleman’s son was born with serious respiratory problems. She brought a claim of disability discrimination and constructive dismissal against her ex-employer on the grounds that she had been discriminated against because of her son’s disability. Amongst her claims of unfair treatment were that she was not permitted to work from home, even though other employees were allowed to do so to care for non-disabled children, and that she was placed in a pool of staff selected for redundancy after she said that she intended to make a formal request for flexible working in order to care for her son. Ms Coleman claimed that her employer’s actions had created a hostile environment which forced her to resign.
The wording of the Disability Discrimination Act 1995 (DDA) is such that it protects disabled employees but does not afford protection to an employee who is discriminated against because he or she cares for a disabled person. Ms Coleman argued that the Equal Treatment Framework Directive does give protection from unfair treatment which arises out of association with a disabled person. The Employment Tribunal referred the question to the ECJ in order to establish whether the UK law properly implements the Directive.
The ECJ has followed the opinion of the Advocate General and ruled that the purpose of the Directive, as regards employment, is to combat all forms of discrimination on grounds of disability. Limiting its application only to people who are themselves disabled would render the Directive less effective and reduce the protection which it is intended to guarantee. Where an employer treats a non-disabled employee less favourably because of the disability of his or her child, whose care is provided primarily by that employee, such treatment is contrary to the prohibition of direct discrimination laid down in the Directive. Likewise, the Directive also protects an employee from unwanted conduct amounting to harassment that is related to the disability of the employee’s child.
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