Table of Contents
In Short
- Discrimination by association occurs when an employee is treated unfairly due to their association with someone who has a protected characteristic, such as disability or race.
- Employers must avoid this form of discrimination during recruitment, promotion, and workplace decisions.
- It’s vital to comply with the Equality Act 2010 to prevent claims and maintain a fair work environment.
Tips for Businesses
Ensure that your recruitment, promotions, and employment practices do not unfairly disadvantage staff based on their associations. Training your team on anti-discrimination policies is essential for compliance and a positive workplace.
When you run a business, you must understand various types of law. Where your business employs staff, this includes employment law. A critical area of employment law to be aware of is discrimination law. It is unlawful to discriminate in the workplace based on particular characteristics. Understanding discrimination laws can be complicated, such as understanding indirect discrimination.
One type of illegal discrimination is discrimination by association. If you discriminate, such as through disability discrimination, you put your business at risk of potential problems. They include discrimination claims at an employment tribunal and possible poor workplace relationships and less engagement with other employees. This article will explain discrimination by association and the legal implications for business owners.
What is Discrimination in the Workplace?
If a person is mistreated in the workplace based on a protected characteristic, this is workplace discrimination. There are nine protected characteristics which are:
- race;
- gender;
- age;
- religion or belief;
- disability;
- marriage or civil partnership;
- pregnancy or maternity;
- gender reassignment; and
- sexual orientation.
What is Discrimination by Association?
Discrimination by association in the workplace is also a form of workplace discrimination and a type of direct discrimination. It occurs when a person is treated unfairly because of their association with another with a protected characteristic.
This is often, for example, their:
- spouse;
- partner;
- child;
- parent;
- friend; or
- peer.
However, it is essential to note that discrimination by association can arise when the person with the protected characteristic they associate with is not a close associate. Also, discrimination by association is less common than other workplace types of discrimination.
As an employer, it is crucial to stay compliant with ever-evolving employment law. This factsheet outlines key changes in 2024 that will affect how you manage your workforce.
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What is an Employer’s Statutory Duty
As an employer, you have a statutory duty under the Equality Act 2010 not to treat someone less favourably because of a protected character. This includes when recruiting staff, and during the entire time you employ an employee.
You must not discriminate if:
- a person has a protected characteristic;
- you think a person has a protected characteristic, which is perceptive discrimination; and
- a person associates with someone with a protected characteristic, which is discrimination by association.
For discrimination to be unlawful, you, as an employer, do not have to carry it out directly. Instead, it includes anyone acting on your behalf, such as in your authority.
What are Examples of Discrimination by Association?
Various types of unfavourable treatment in the workplace could amount to discrimination by association. These include:
- when recruiting new staff,
- treating someone unfairly in terms of pay;
- giving someone unfair employment conditions compared to others;
- during promotion;
- refusing training opportunities;
- through dismissal; and
- during the redundancy process.
To help you understand discrimination by association, here are some more specific examples of how this could occur:
- harassment and unfavourable treatment by an employer towards an employee of a disabled child;
- when a well-qualified candidate for a job who has reached the final stages of the recruitment process does not get the job after mentioning their disabled daughter;
- where an employee who cares for their elderly parent is not given the same flexibility at work as an employee who requires it for young children;
- if an employee is not given a promotion because their partner is of a different ethnic origin; and
- where a heterosexual member of staff does not receive the training other staff receive because they helped to set up a bisexual network for staff,
Key Takeaways
As an employer, you have a duty not to discriminate in the workplace and must take reasonable steps to ensure others do not discriminate or harass. Employment discrimination is treating someone less favourably based on a protected characteristic. There are nine protected characteristics, which include, for example, based on maternity or pregnancy and the basis of someone’s sexual orientation.
Discrimination by association is a form of direct discrimination based on the protected characteristics of someone associated with the person you discriminate against, such as your employee’s disabled child. It is unlawful to discriminate in the workplace from the recruitment process until the end of an employee’s time in your business. This includes discrimination by association.
If you need help understanding discrimination by association and the legal implications for business owners, our experienced employment solicitors can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Discrimination in employment is where a person is treated less favourably based on one of the nine protected characteristics, such as someone’s race or disability.
Discrimination by association is a form of direct discrimination in which a person is treated less favourably because of their association with someone with a protected characteristic.
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