Plotting the Boundaries of Associative Discrimination

Abstract

The Equality Bill 2009 expands the scope of British discrimination legislation to include the prohibition of unlawful associative discrimination. The Bill purports to address the key issues raised by the European Court of Justice in the recent case of Coleman v Attridge Law and another . However, the proposals are controversial and the resultant legislation may not provide the degree of precision and clarity required by employers. This article explores the nature of associative discrimination and reviews the case law developments which have led to the current legislative proposals. The scope of the provisions relating to associative discrimination contained within the Equality Bill are considered, alongside responses from key stakeholders. The potential implications of the proposals are evaluated, and it is contended that the enactment of the Equality Bill may not provide a clear delineation of the boundaries of associative discrimination.