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Contents: 1. Introduction. 2. Protection against discrimination by association. 2.1. Protected characteristics and concepts of discrimination. 2.2. Congruence of protected characteristic and disadvantaged person? 2.2.1. The CHEZ case. 2.2.2. The Coleman case. 3. Discrimination against parents in German labour law. 3.1. Basic Principles of German equality law. 3.2. Case law of the Federal Labour Court. 3.3.Associated discrimination vs. Prohibition of victimisation. 3.4. Unresolved issues of associated discrimination. 3.4.1. The Coleman case vs. other protected categories. 3.4.2. Immediate victim vs. disadvantaged person. 3.4.3.The need for a “qualified relationship”. 4. Further Implications: the work-life-balance-directive. 5. Need for changes in Equal Treatment Law? 6. Conclusion.
1. Introduction
The term “associated discrimination” or “discrimination by association” refers to unfavourable treatment of a person who has or is assumed to have a close relationship to a person with a protected characteristic (race or ethnic origin, gender, religion or belief, disability, age or sexual orientation). Surprisingly, this form of discrimination received little attention in scientific literature and has rarely been litigated in courts. Nevertheless, it is probably widespread, for example when parents of young children are discriminated against in job applications. Although EU law comprises a broad range of directives to implement the principle of equal treatment, it does not explicitly mention the concept of associated discrimination.The ECJ recognised this form of discrimination as unlawful as early as 2008 in its “Coleman” judgement.