Associative Discrimination at Work

It is unlawful to treat an individual unfairly at work under any protected characteristics outlined in the Equality Act 2010.

This legislation outlines nine protected characteristics that employers can be held liable for if they, or someone on employers behalf, discriminates against an employee based on these characteristics. Meaning employers cannot treat an employee with one of these characteristics less favourably or differently than an employee without one.

However, it can still be classed as discrimination if you treat someone unfavourably as a result of their association with someone who does fall under one of the nine characteristics protected by the act. Even if that individual does not have a protected characteristic themselves. We call this associative discrimination.

As an employer it is important to protect yourself against this, by ensuring you understand your legal obligations and responsibilities, as claims are costly to your business's finances and reputation. 

Contact Croner today and get expert HR and Employment Law advice tailored to your business, helping you avoid discrimination by association. Call 0800 092 3803

What is discrimination?

To define associative discrimination, we need to first understand how employment law defines discrimination as a blanket term.

In legal terms discrimination is ‘treating someone less favourably’. This can include actions that put an employee at a disadvantage, this could include things such as: 

• Excluding someone from opportunities
• Making someone's role harder to do
• Causing emotional distress to an employee
• Causing an employee financial loss

If any of the above treatment is in relation to any of the nine protected characteristics outlined in the Equality Act, namely:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion and belief
• Sex
• Sexual orientation

Then it is considered an act of discrimination, this can still be classed as discrimination even if these actions were unintentional.

Protection from discrimination is a ‘day-one’ employee right and extends to the recruitment process. This means that there is no required length of service required in order for an employee to file a tribunal claim against the employer, it also means that employers cannot discriminate against candidates when hiring based on the nine protected characteristics. There are multiple ways that discrimination can occur. Discrimination against the characteristics can come in one of the following forms.

Direct discrimination

Direct discrimination is when you treat an employee differently because of a protected characteristic.

Indirect discrimination

A policy that applies the same way for everybody but disadvantages a group of people who share a protected characteristic, is an example of indirect discrimination.

Harassment

Harassment is categorised as unwanted and offensive behaviour directed at an individual based on someone’s protected characteristic. The behaviour is defined as being repeated, with the intent to cause a person alarm or distress.

Victimisation

Treating someone unfairly because they’ve complained about discrimination or harassment is considered victimisation.

What is associative discrimination?

This is a form of direct discrimination. It is where an employee is treated less favourably because of the characteristics of a person they are associated with.

The Coleman v Attridge Law in the European Court of Justice confirmed the associative discrimination. Here, the mother of a disabled child could claim for discrimination if her employer treated her less favourably (or harassed her) because of her child’s disability.

There are many situations it can arise in. Understanding the associative discrimination definition in its proper context is essential if you wish to avoid discrimination claims.

Examples of associative discrimination

Knowing some associative discrimination cases and examples are essential. This is because being familiar with examples will help you avoid the same mistakes. It also allows you to better see how they arise, where you can add in preventative measures such as awareness training and policy.

Associative sexual orientation discrimination example

During a casual conversation, an employee and their manager discuss what they did over the weekend. The employee mentions that they went to a gay pride event with their friends.

The manager knows they are not a member of the LGBTQ+ community, but treats them less favourably than their other colleagues, regardless.

Employment law would likely see this as an example of associative discrimination as the manager is treating them differently due to their association with the LGBTQ+ community.

While they themselves are not LGBTQ+, their friends are, and the law protects against the discrimination of sexual orientation.

Associative racial discrimination example

An employee is promised a promotion at work. The employee encounters their line manager while out shopping. They introduce them to their partner, who is a person of colour.

After the chance encounter, the manager treats the employee differently. Instead of giving them the promotion, it unexpectedly goes to a different employee.

Employment law would likely consider this direct racial associative discrimination because their manager only treated them unfairly, by not promoting them, after meeting their partner.

Associative disability discrimination example

An employer promised a mother a promotion at work. After this, she tells her manager during a casual conversation that her daughter has a disability.

Having learnt this, the manager withdraws the promotion because the mother could not focus entirely on the new role because of perceived caring responsibilities for her daughter.

Employment law may consider this associative discrimination because of the mother’s association with a disability.

Get expert HR support for your business

If you need further guidance on avoiding discrimination or any other HR issue, speak to a Croner expert today on 0145 585 8132.

We’ve been helping businesses like yours for over 80 years and our expertise extends for HR and Employment Law to Health and Safety.

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