Associative discrimination and harassment

The definition of direct discrimination is broad enough to prohibit discrimination against a person who does not have the protected characteristic because they associate with someone who does. For example, it would be discrimination to turn someone down for promotion because their son is disabled (see the ECJ case of Coleman v Attridge Law (C-303/06)).

Similarly, it is discrimination to harass an individual by using insulting language linked to the protected characteristic even though everybody knows that the individual does not have the protected characteristic. For example, it would be sexual orientation discrimination to harass a heterosexual man by using homophobic insults, even though everyone knows the target of the harassment is not gay (first established in English v Thomas Sanderson Ltd [2008] EWCA Civ 1421).

Note that protection against associative discrimination does not extend to the protected characteristics of pregnancy, maternity, marriage or civil partnership.