British mother makes successful legal claim about disability "discrimination by association"

From The Guardian in the UK Nov. 28:

Millions of people trying to combine work with caring for disabled or elderly relatives will have the right to claim against employers who discriminate against them in refusing to offer flexible working, following a ruling Nov. 27 by the Employment Tribunal.

Sharon Coleman, a legal secretary who was forced to resign because she wanted more time to care for her disabled son, was told she would be able to claim before the English courts that she suffered "discrimination by association".

Coleman worked for Attridge Law in London when she gave birth to Oliver, who is deaf and suffers from serious respiratory problems, including apnoeic attacks in which his breathing involuntarily stops.

Earlier this year, Coleman told the European court of justice that treatment she says she received from the firm, such as comments that her child was "always fucking sick" and she was "lazy" when she sought time off to care for him, was covered by disability discrimination law.

Coleman says she received less favourable treatment because of her son's condition, whereas others were allowed time off to care for their non-disabled children.

The European court found that Coleman's case amounted to discrimination by association, paving the way for claims by carers who say they are discriminated against not because of their own disability, but because of their role in caring for another person.

The tribunal's ruling yesterday, which follows on from the European decision, has clarified the law in England and Wales. Anti-discrimination law is not "restricted to disabled people only", the tribunal said, rejecting arguments made by Attridge Law that to allow carers to be protected would distort the law's meaning.

As a result of the ruling, an estimated 2.5 million people in Britain who maintain jobs as well as caring for sick or disabled family members will be entitled to the same treatment as other staff.

"Employers will have to think more carefully about the way they respond to requests for flexible working from carers," said Lucy McLynn, the lawyer who represented Coleman.

Despite its previous support for protecting the disabled from discrimination, the government has so far opposed Coleman's case, a position described as "completely ridiculous" by McLynn.

"It has taken someone with Sharon's determination to take the case to Luxembourg to establish something the government should have done five years ago."