Associative Discrimination
by Philip
The EU Attorney General has given an opinion that an employee can be discriminated against by association. The question that had been referred to the ECJ was whether someone who was not themselves disabled, could claim disability discrimination where that person was closely associated with a disabled person.
An employee with a disabled son needed more flexibility in her work arrangements. The employer allegedly accused her of using his condition to “get out of work.”The employee obviously has the statutory right to request a flexible working pattern. Does she also have the right to complain about remarks that could be deemed to discriminatory of disabled people? The initial opinion appears to be yes, but we await the ECJ’s final decision.
Applying common senses, (dangerous I know) having derogatory general comments made in the workplace about,say, downs syndrome within the earshot of an employee with a downs syndrome child would seem to fall within the ambit of the DDA.
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