Coleman v Attridge Law LLP (Case C-303/06) [2008] CJEU

In brief

Coleman v Attridge Law established that the equal treatment protections in Council Directive 2000/78/EC are not confined to employees who are themselves disabled. The CJEU Grand Chamber held that an employee who is treated less favourably or harassed because of their close association with a disabled person is protected against direct discrimination and harassment on grounds of disability. Protection attaches to the ground of the treatment, not to whether the claimant personally holds the protected characteristic.

Key provisions

• Art 2(2)(a) Dir 2000/78 — Associative Direct Discrimination: The prohibition on direct discrimination on grounds of disability is not limited to persons who are themselves disabled. An employee treated less favourably because of the disability of a person for whom they are the primary carer is protected.
• Art 2(3) Dir 2000/78 — Associative Harassment: The prohibition on harassment related to disability likewise applies to employees who are not themselves disabled.
• Art 1 Dir 2000/78 — Grounds-Based Rather Than Person-Based Scope: The Directive applies by reference to the grounds mentioned in Article 1, not by reference to a particular category of person.
• Art 10(1) Dir 2000/78 — Shifting Burden of Proof in Associative Claims: Once an employee establishes prima facie facts from which discrimination may be presumed, the burden shifts to the respondent.
• Paras 38-43 — Effectiveness (Effet Utile) as Interpretive Constraint: A strict interpretation limiting the Directive to disabled persons only would deprive it of an important element of its effectiveness.
• Art 5 Dir 2000/78 — Reasonable Accommodation Does Not Extend to Associates: Certain provisions including the reasonable accommodation duty apply specifically to disabled persons themselves and are not extended by the associative principle.

When relevant

When discrimination or harassment targets someone because of their association with a trans person — partners, parents, children, friends, or workplace allies.