18 October 2007
Copyright (C) 2007 THE LAW SOCIETY Associative Discrimination

UK disability discrimination law could be set to change if the
European Court of Justice (ECJ) finds in favour of a woman who is suing
her former law firm employer.

The landmark case - heard by the ECJ earlier this month - concerns Sharon
Coleman, who, while working as a legal secretary at a London law firm,
gave birth to a child suffering from a disability.

Following her return to work, she alleges that she was treated less
favourably than parents of non-disabled children. She left the firm and
brought a claim for constructive dismissal and disability discrimination.
The firm denied the allegations.

Bates Wells & Braithwaite employment partner Lucy McLynn, who is acting
for Ms Coleman, said the employment tribunal referred the case to the ECJ
for guidance on whether the European Framework Directive provided
protection for someone in her client's situation.

Ms McLynn said: 'UK disability discrimination law does not cover
associative discrimination, where someone associated with a disabled
person - such as a mother or other carer - experiences less favourable
treatment. UK law only covers direct discrimination, where the disabled
person experiences less favourable treatment for a reason directly related
to his or her own disability.

'The UK, Irish, Greek and Dutch governments all opposed us on the grounds
that sufficient protections for carers already existed. The European
Commission backed us. We expect a decision in spring 2008.'