Another problem in pursuing a claim for associative discrimination is that it will often be difficult for an employee to prove that the detriment they suffer is caused by the protected characteristics of another individual. She could claim disability discrimination, even though she was not disabled. Understanding associative discrimination There is some uncertainty about what associative discrimination is, and the types of claim which may succeed under the Equality Act 2010. To prove that indirect discrimination is happening or has happened: there must be a policy which an organisation is applying equally to everyone (or to everyone in a group that includes you) the policy must disadvantage people with your protected characteristic when … The statutory code of practice, which gives guidance on duties under the Equality Act 2010, provides some examples of how associative discrimination may occur: A lone parent caring for a disabled child has to take time off for appointments or when the child is sick. The Equality Act 2010 introduced the concept of discrimination by association into UK legislation, following the landmark decision of the European Court of Justice (ECJ) in Coleman v Attridge Law.While claims of this type have been relatively unusual, two recent cases have put the issue back in the spotlight.Sarah Embleton and Kate Redshaw consider what they could mean for employers. Associative Discrimination . Associative discrimination is where a person is treated less favourably because of an association with another person who has a protected characteristic under the Equality Act 2010 (other than marriage and civil partnership, and pregnancy and maternity). Though association discrimination is commonly described as an infrequent cause of action under employment discrimination law, this is changing. Associative discrimination is not expressed directly within the Equality act 2010, but is instead implicitly implied due to the new wording of the definition of discrimination. The treatment could be a one-off action, the application of a rule or policy or the existence of physical or communication barriers which make accessing something difficult or impossible. The Equality Act 2010 calls these reasons protected characteristics. Associative discrimination claims are relatively rare but happen when a claim is made based on discrimination which is not because of a protected characteristic the Claimant personally has, but … Sect. Direct discrimination is when you’re treated worse than someone else for certain reasons - for example, because you’re disabled or because you’re black. One growing area are requests to make reasonable adjustments and for flexible working. As more courts address the topic, greater precedence will be established to shape and define the way that association discrimination cases are litigated, both at the state and federal level. Disability discrimination is when you are treated less well or put at a disadvantage for a reason that relates to your disability in one of the situations covered by the Equality Act.. Associative discrimination claims typically arise where the claimant complains about less favourable treatment that he has experienced because of his association with a protected characteristic that he does not possess. The concept of "associative discrimination" applies to direct discrimination and harassment claims (following the ECJ decision in Coleman v Attridge Law).