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Disability Discrimination: Reference to ECJ

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The EAT has, today, dismissed an appeal against an employment tribunal's decision to refer a question under the DDA to the ECJ (in the case of Attridge Law v Coleman).

Miss Coleman's 4 year old son is disabled. She resigned after her employer allegedly failed to grant her flexible working opportunities in contrast to mothers of non-disabled children working for the same employer. She claims that she was unlawfully discriminated against by her employer due to her son’s disability.

The ET (upheld by the EAT) has referred the issue to the ECJ of whether the DDA 1995 covers discrimination on grounds of somebody else's disability. The precise questions referred can be seen here.

[Thanks to Martin Crick of the DRC and Paul Michell of Cloisters for telling me about this case]