In confirming that the scope of the Disability Discrimination Act 1995 extends to discrimination in relation to an association with a disabled person, the Employment Appeal Tribunal (EAT) has taken the unusual step of setting out how the Act might be redrafted to cover associative discrimination.
In EBR Attridge Law LLP v Coleman EAT/0071/09 [subscription required], the EAT had to consider whether or not the Disability Discrimination Act 1995 could be interpreted to cover associative discrimination without distorting the meaning of the legislation. The EAT confirmed that it could.
The EAT suggested the addition of a new sub-section (5A) to s.3A of the Disability Discrimination Act 1995:
"(5A) A person also directly discriminates against a person if he treats him less favourably than he treats or would treat another person by reason of the disability of another person."
And the EAT also suggested a new sub-section (3) in s.3B:
"(3) A person also subjects a person (A) to harassment where, for a reason which relates to the disability of another person (B), he engages in unwanted conduct which has the purpose or effect of:
(a) violating A's dignity, or
(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for him.
Sub-section (2) applies to this sub-section, save that the relevant perception is that of A."
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