Caring for the Disabled? New Boundaries in Disability Discrimination

Abstract

The scope of the disability‐related less favourable treatment provisions of the Disability Discrimination Act 1995 has been reduced by the House of Lords in a housing case, London Borough of Lewisham v Malcolm, while the European Court of Justice has taken a broad approach to disability discrimination and carers within the EC Framework Directive in Coleman v Attridge Law. In discussing both cases, this note suggests that the pre‐Malcolm approach to identifying the comparator in disability‐related discrimination claims should prevail in the employment context, in view of the obligations under the EC Framework Directive.