Direct discrimination by association, often referred to as associative discrimination, occurs when an individual experiences less favourable treatment not because of their own protected characteristic, but because of their connection with someone else who possesses a protected characteristic. This means a person is discriminated against due to their link with an individual holding a protected characteristic, such as a family member, friend, or colleague.
Understanding the Core Concept
Direct discrimination is the most straightforward type of discrimination, where someone is treated worse than another person in a comparable situation because of a protected characteristic. When this "less favourable treatment" is directly linked to an association with someone else who holds a protected characteristic, it becomes direct discrimination by association. The crucial element is the relationship between the victim and the person with the characteristic, rather than the victim having the characteristic themselves.
Protected Characteristics
Various legal frameworks globally define a range of protected characteristics. In many jurisdictions, including the UK under the Equality Act 2010, these characteristics typically include:
- Age: Being discriminated against because of someone you know who is of a particular age group.
- Disability: Being discriminated against because of your connection to a disabled person.
- Gender Reassignment: Being discriminated against because of your association with someone undergoing or who has undergone gender reassignment.
- Marriage and Civil Partnership: Being discriminated against due to your connection to someone who is married or in a civil partnership.
- Race: Being discriminated against because of your association with someone of a particular race.
- Religion or Belief: Being discriminated against because of your connection to someone with a specific religion or belief.
- Sex: Being discriminated against because of your association with someone of a particular sex.
- Sexual Orientation: Being discriminated against because of your connection to someone of a particular sexual orientation.
For more details on protected characteristics, refer to official government or human rights websites such as the Equality and Human Rights Commission (EHRC).
Real-World Examples
Understanding associative discrimination is easier through practical examples:
- Disability: A job applicant is rejected for a promotion because their child has a severe disability, and the employer fears the applicant will need excessive time off for care.
- Race: An employee is subjected to harassment at work because their partner is from a minority ethnic group, even though the employee themselves is not.
- Sexual Orientation: A landlord refuses to rent an apartment to a tenant after learning their best friend, who often visits, is openly gay.
- Religion or Belief: A company declines a business partnership with a firm because one of its key directors is known to be a devout follower of a particular religion, which the company owner dislikes.
Identifying and Addressing Associative Discrimination
Recognizing associative discrimination can be complex as the reasons for unfavourable treatment might be subtle. However, it's crucial for individuals and organizations to be aware of this form of prejudice.
Key Indicators of Direct Discrimination by Association
| Factor | Description |
|---|---|
| Less Favourable Treatment | An individual is treated worse than others in a comparable situation (e.g., denied opportunities, subjected to harassment). |
| Causal Link | There is a clear connection or a strong inference that the less favourable treatment occurred because of the association with someone with a protected characteristic. |
| Protected Characteristic | The characteristic belongs to the associated person (family member, friend, colleague), not necessarily the individual experiencing the discrimination. |
If you believe you have experienced or witnessed direct discrimination by association:
- Document everything: Keep records of dates, times, specific incidents, and any witnesses.
- Raise a formal complaint: Follow your organization's internal grievance procedures.
- Seek advice: Consult with HR, a trade union representative, or an independent advisory service. Organizations like Acas offer free and impartial advice.
- Legal action: If internal processes are insufficient, consider seeking legal advice regarding potential claims.
Understanding and addressing direct discrimination by association is vital for fostering inclusive and equitable environments in workplaces and broader society.
