Inclusion Daily Express -- EU Court Says Mom Faced 'Discrimination By Association'

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EU Court Says Mom Faced 'Discrimination By Association'
By Dave Reynolds, Inclusion Daily Express
February 1, 2008

LONDON, ENGLAND--In a decision that could affect millions of family caregivers across Europe, the European Court of Justice ruled Thursday that the mother of a boy with disabilities experienced "discrimination by association" from her employer.

The case involved Sharon Coleman, a former secretary at a London legal firm. Coleman had requested a flexible schedule to take care of her son, who has a medical condition in which he suddenly stops breathing. She claimed that her employers refused to give her time off, even though they accommodated other workers that did not have children with disabilities.

Coleman said she was harassed until she finally had to quit in 2005.

The court's advocate general, Poiares Maduro said Thursday that European Union anti-discrimination laws apply to people who are associated with those that have disabilities.

The case now goes to the full panel of European judges, which is expected to rule later this year. The Guardian noted that the full court agrees with the advocate general about 80 percent of the time.

"People want to work and need to work and should not be forced to choose between their jobs and their loved ones," said Equality and Human Rights Commission legal director John Wadham.

Related:
"Woman wins round in disability case" (Reuters)
http://uk.reuters.com/article/UKNews1/idUKL3166285520080131

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