week 8 - employment law

Question 1

what case is an example of discrimination by association?

Answer 1

Coleman v attridge law (2009)
Mrs Coleman had a disabled child and was subject to criticism and insults due to this, this was ruled to be discrimination by association.

Question 2

what case is an example of indirect discrimination?

Answer 2

Noah v desrosiers t/a wedge
Ms Noah was a muslim woman applying for a hairstylist position, her application was rejected because she wore a headscarf. Claimed both direct + indirect discrim.
Decision: was not ruled to be direct but was ruled indirect as this policy was more likely to impact muslim women than non.

Question 3

what case is an example of a company being vicariously liable for harassment?

Answer 3

Martin v parkam foods ltd (2006)
Homophobic graffiti that referred to a gay employee in the work toilets, after complaining the company removed the employee’s name but not the actual graffiti. Notices were put up concerning vandalism but no mention of homophobia was made.
Decision: the steps taken by the company were ineffective in dealing with the homophobic behaviour. Company was vicariously liable for harassment