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Associative discrimination is possible in indirect discrimination
In Chez Razpredeleinie Bulgaria, the Advocate General has given an opinion on whether the concept of discrimination by association can be extended from direct to indirect discrimination. The opinion stated that the definition of indirect discrimination in the Race Directive is not inconsistent with the concept of associative discrimination: the fact that the concept had so far only arisen with direct discrimination did not mean it could not also be considered in an indirect discrimination context. However no reasoning was given for the opinion and neither was the precise wording of the difference between the definitions of the two types of discrimination considered.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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