According to Poiares Maduro, the advocate general at the European Court of Justice, Sara Coleman, a legal secretary in London, suffered “discrimination by association” when she was unlawfully forced out of her job for demanding flexible hours to look after her disabled son.
Poiares judged that these subtler forms of discrimination should be considered as covered by EU law in order to guarantee fair treatment to the millions of employees taking care of disabled relatives. The European Court is considering if it is illegal not only to discriminate against an disabled employee but also to discriminate against an employee because of their connection with someone who is disabled or older.
Campaign group Carers UK have praised the initial legal victory at the EU court which would improve their rights and prevent them from indirect discrimination. Besides, the group have asked the government’s to include carers in new equalities legislation, which will be introduced next year.
The UK’s Federation of Small Businesses (FSB) suggested rather negatively that the verdict could cause “resentment” between workers and “sour industrial relations in the workplace” with employers getting accused of favoritism towards some employees.
EPHA comments
EPHA considers this case an important starting point to ensure the protection of employees suffering such discrimination at work. It is important to underline that this is just a preliminary judgment that needs to be followed by the final verdict, which will be taken by a panel of European judges later this year.
For further information
European Court of Justice.
Carers UK.
UK’s Federation of Small Businesses (FSB) .
BBC News."Hope for carers over Europe judgement"..
BBC News. "Win for disability rights women".
EU observer. "EU court gives boost to indirect disability rights".
Epha related articles
Empowering living conditions of people with disabilities
The rights of disabled people gain recognition at EU and international levels
Structural Funds: another resource to support healthier policies?
EP adopts resolution on rights for people with disabilities
