Discrimination by association


Discrimination by association occurs when a person associated with another person (belonging to a particular sign) is treated less favorably because of that association. Under § 1, t..9 AP of PADA. "Related parties" are: spouses, lineal relatives - without limitation, collateral - up to the fourth degree and relatives by marriage - up to third degree; guardian and trustee; podnastoyniyat and wards; living common-law partner; employer and employee; persons, one of whom participates in the management of the company of the other; partners; persons who otherwise would be considered directly or indirectly dependent on the victim and that is the reason for discrimination; persons from directly or indirectly victim may be dependent and this is the reason for discrimination; persons accompanying the victim at the time of committing an act of discrimination when this is the reason for discrimination.
 
The ECJ ruled in the case against Coleman Atridzh (S303 / 06), mother of a child with a disability is discriminated against and harassed at work because of damage to his son. In 2005, Ms. Coleman filed a claim under the Act on discrimination on grounds of disability by 1995. It claims to have treated more favorably than the employer who does not allow her to be late sometimes to work and plan their working hours according to needs of his son, although similar requests from other employees were generally satisfied. Under national law it is illegal to discriminate against a person based on what that other person is legally protecting certain attribute (such as disability). The CJEU considered that discrimination on grounds of disability includes "discrimination by association" and that it is illegal to discriminate against Ms. Coleman under Directive 2008/78 / EC establishing a general framework for equal treatment.
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Discrimination by association Discrimination by association