Discrimination by association in european law

• Author: Catalina-Adriana Ivanus
• Position: Institute for Doctoral Studies, Bucharest University of Economic Studies, Romania
• Pages: 116-121

DISCRIMINATION BY ASSOCIATION IN EUROPEAN LAW

PhD. student Ctlina-Adriana IVNUŞ

1

Abstract

The european law prohibit direct and indirect discrimination and harr asment on grounds of sex, r acial or

ethnic, r eligion or belief, disability, a ge or sexual orientation. The question is what is the situation when someone is

discriminated on can claim to be the victim of unlawful discr imination because he or she is a ssociated with another

person who ha s the protected cha racteristic. The the Cou rt of Justice of the European Union’s ju dgment in Coleman v

Attridge Law and Steve Law confirms, for the fir st time in Eur opean law, the existence of the concept of discrimination

by a ssociation. In this ar ticle I examine the implications of this case on all conceps of discrimination concepts of

discrimination in European law (dir ect discrimina tion, indirect discrimination and hara ssment). I a lso examine the

applica tion of discrimination by associa tion to grounds other than d isability.

Keywords: Discrimination, discr imination by associa tion, disability, European la w, labour law

JEL Classification: K33, K31

1. Introduction

According to article 2 of the Treaty of European Union the values on which European Union

is founded are the respect for human dignity, freedom, democracy, equality, the rule of law and

respect for human rights. These values are common to the Member States in a society in which non-

discrimination, solidarity and equality between women and men prevail.

One of objectives of EU is to combat social exclusion and discrimination. This objective may

be achieved, inter alia, through the implementation of the principle of equal treatment and

prohibition of discrimination based on various grounds.

EU legislation adopted under article 19 of the Treaty of European Union established a general

framework in respect of equal treatment in employment. The purpose of the Directive 2000/78 is to

lay down a general framework for combating discrimination on the grounds of religion or belief,

disability, age or sexual orientation as regards employment and occupation. In other words the

Directive offer protections to employees from the discriminatory acts of the employer on grounds of

religion or belief, disability, age or sexual orientation.

The recital of the Directive 2000/43 and Directive 2000/78 states that the right to equality

before the law and protection against discrimination constitutes a universal right, and that the

Directives are one means of protecting this right. Moreover, it is recognised that discrimination may

undermine the achievement of the objectives of the Treaty, in particular the attainment of a high

level of employment and social protection, the raising of the standard of living and quality of life,

economic and social cohesion and solidarity.

The European law recognise sex, racial or ethnic origin, religion or belief, disability, age or

sexual orientation as grounds of discrimination. Also the EU Directives prohibit discrimination on

grounds of sex, racial or ethnic, religion or belief, disability, age or sexual orientation. So there is

obvious that individuals who have those characteristics are protected against discrimination.

The applicable EU legislation on discrimination covers both direct and indirect

discrimination, harrasment and instruction to discriminate. The question is what is the situation

when someone is discriminated on can claim to be the victim of unlawful discrimination because he

or she is associated with another person who has the protected characteristic. At first reading, the

Directives does not confer a protection to those who are associated with another person who has the

protected characteristic. In the case law of the Court of Justice of the European Union was

introduced another notion, discrimination by association.

1 Ctlina-Adriana Ivnu - Institute for Doctoral Studies, Bucharest University of Economic S tudies, Romania,

catalinaivanus@gmail.com