Legislation update
|
|
SHOULD disability discrimination law be limited to discrimination against people who are themselves disabled, or should it extend to those who are discriminated against because they are carers of disabled people? The question is awaiting determination by the European Court of Justice where it was referred in July by the employment tribunal. The claimant was for many years a legal secretary with a firm of solicitors in North London. She was the primary carer for her disabled son. Her case was that she had been criticised and harassed at work when she asked for parental leave; was sometimes late because of problems with her child; and was denied flexible working hours. This treatment meant that she eventually left her job and claimed constructive dismissal and discrimination under the Disability Discrimination Act 1995. Her employer argued that the claimant was unable to rely on disability discrimination because it was intended to protect only those who were themselves disabled, not those who were associated with or cared for a disabled person. The claimant’s case was that a European directive of 2000 outlawed discrimination “on the grounds of disability” and the 1995 Act and its amendments were designed to implement the directive in the UK, although it has slightly different wording. She pointed out that domestic legislation about discrimination “on grounds of” race covered any reason or action based on race and was not limited to the race of the person alleging less favourable treatment. More : timesonline.co.uk |