Associative discrimination and harassment

The definition of direct discrimination is broad enough to prohibit discrimination against a person without the protected characteristic because they associate with someone who does. For example, it would be discrimination to harass someone because their son is disabled.

Similarly, it is discrimination to harass someone by using insulting language linked to the protected characteristic, even though everybody knows 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 (English v Thomas Sanderson Ltd [2008] EWCA Civ. 1421).

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