Discrimination by Association

The concept of discrimination by association is the form of discrimination that occurs when the discriminatory ground applies to a person, but another person is detrimentally treated in consequence. Until recently it has had a low profile, appearing in just a handful of race relations cases concerning instructions to discriminate. However, the European Court of Justice, after a reference made to it by an employment tribunal, will rule on whether it has a wider application. If it does so, the effect in English law will be wide-ranging and of great importance. In addition, the government's Green Paper on the Single Equality Bill also addresses the issue. The present state of the law and the arguments for and against extending discrimination by association are discussed