Direct Discrimination: Association And Perception

The Equality Act introduces a new definition of direct discrimination: "a person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others". This new definition makes no reference to the protected characteristic of any particular person, allowing a very wide interpretation.

It covers associative discrimination: discrimination against someone because of that person's association with someone having a protected characteristic. This covers the situation which arose in Coleman v Attridge Law where it was alleged that an employee had been discriminated against because of her son's disability.

The new definition of direct discrimination also encompasses perceptive discrimination - discrimination because of a person's perceived characteristic. If an employer rejects a job application form from a white man whom he wrongly thinks is black, because the applicant has an African-sounding name, this would constitute direct race discrimination based on the employer's mistaken perception.

Direct discrimination on the grounds of perceived race, sexual orientation, religion or belief or age is prohibited under current law. Direct discrimination based on the race, sexual orientation, religion or belief (but not age) of a person with whom the claimant associates is also prohibited...