What is Associative Discrimination? Definition & Examples

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Associative Discrimination

Have you ever been treated unfairly because of someone you know? This is what is known as associative discrimination—a form of discrimination where individuals face negative treatment because of their association with someone who is part of a protected group.

Despite the fact that laws like the Equality Act 2010 in the UK are strictly enforced, many cases like these are still common. This can be largely due to people being unaware of their rights against associative discrimination.

Knowing about this kind of discrimination can help you protect your associative rights in workplaces and even public places.

In this article, we are going to talk about this in detail. 

What is Associative Discrimination?

Different scenarios, legal nuances, and the varying ways discrimination might occur in different contexts (workplaces, schools, or public services). Therefore, it’s important to know how law authorities in the UK define discrimination by association.

Associative discrimination happens when someone is treated unfairly because of their connection to someone who is part of a protected group. This could be a connection to a person with a disability, someone of a certain race or a community.

For example, if a person is treated badly at work because their partner is disabled, that’s associative discrimination. It’s not about the person’s identity but about who they’re associated with.

Section 13th clause of the Equality Act 2010 offers protection against discrimination based on various characteristics, including race, disability, gender, and more. It explicitly includes protection against associative discrimination, making it unlawful to treat someone unfairly.

Types of Associative Discrimination

Now that you know what discrimination by association means, let us take a look at its types of discrimination by association examples one by one:

Direct Associative Discrimination

This occurs when someone is treated unfairly because of their connection to a person with a protected characteristic. For example, an employee is denied a promotion because they care for a disabled family member.

Indirect Associative Discrimination

This kind of discrimination relates to policymaking. When a policy or practice that applies to everyone but disadvantages individuals who are associated with a protected group. A common example of this can be a workplace requiring all employees to work late, which may indirectly discriminate against a parent caring for a disabled child.

Harassment by Association

It’s one of the most common examples of associative discrimination in the workplace. This involves unwanted behavior directed at an individual because of their association with someone who has a protected characteristic.

Protected Characteristics

As per discrimination by association’s definition, many laws outline 9 protected characteristics that serve as the foundation for discrimination laws in the UK. These are as follows:

  1. Age
  2. Disability
  3. Gender reassignment
  4. Marriage and civil partnership
  5. Pregnancy and maternity
  6. Race
  7. Religion or belief
  8. Sex
  9. Sexual orientation

Here’s how some of these parameters relate to associative discrimination.

  1. Disability: An employee may face unfair treatment because they care for a disabled child.
  2. Race: A person might be denied service because they are in a relationship with someone of a different race.
  3. Sexual Orientation: An individual could be harassed because their close friend’s sexual orientation.
  4. Marriage and civil partnership: They may have to go through unfair treatment because of their partner’s status or social standing.
  5. Pregnancy and maternity: Some women might have to face delays in promotions or lack of equal opportunities when they are pregnant or on maternity leave.

Common Scenarios of Discrimination of Association

ScenarioExampleProtected Characteristic
Workplace DiscriminationAn employee is denied a promotion and workplace equality rights because their partner has a disability.Disability
Service DenialA customer is refused entry to a restaurant because they are with a same-sex partner.Sexual Orientation
Education BiasA parent is excluded from school events because they advocate for their child ( associative bias) with special educational needs.Disability
Housing DiscriminationA tenant’s application is rejected because their roommate is of a different race.Race
Social ExclusionAn individual is left out of a community event because their close friend practices a particular religion.Religion or Belief
Harassment at WorkA worker faces bullying because they regularly support and speak up for a transgender family member.Gender Reassignment
Access to Public FacilitiesA person is barred from a fitness club because they frequently accompany an elderly parent.Age

Examples of Associative Discrimination

Since Associative Discrimination is a more nuanced thing, let us talk about some examples of discrimination in detail and in different settings.

Workplace Examples

The workplace-specific issues may include employees facing discrimination due to their connections, such as being denied promotions for caring for a disabled family member. This could also be being harassed because their partner is of a different race.

Advocacy for minority rights can also lead to exclusion from projects. In short, these include all the cases of discrimination by association where their professional growth is hindered. For this case, you can even get in touch with an employment solicitor to represent you in court and provide you with legal protection for associative discrimination.

Service Provider Examples

In some scenarios, a service provider may deny services to a person associated with ethnicity or race, although they pay the same price. They may refuse entry to customers accompanied by same-sex partners, treat caregivers poorly when they assist disabled relatives, or impose higher fees based on a spouse’s religion, reflecting bias in service delivery.

Education Setting Examples

Parents advocating for special-needs children can be excluded from school events, while students may face bullying due to a sibling’s gender identity. Families with disabled children might also be denied equal access to school facilities. However, the law of the UK denies any kind of discrimination against parents or their children at all.

Legal Framework in the UK

As mentioned, the Equality Act 2010 prohibits discrimination based on race, color, gender, etc. But what is it exactly about, and what kinds of rights can you protect with this, right? Well, let’s talk about this act in detail.

Source

Equality Act 2010

It is a piece of legislation in the United Kingdom that protects people from discrimination. It replaced old anti-discrimination laws with a single Act. This makes it easier to understand and strengthens protection in some situations.

The EHRC, also called the Equality and Human Rights Commission, enforces this Act. It provides guidance and support to individuals and organisations to help them understand and comply with the law.

Key aspects of the Equality Act 2010:

  • Protected Characteristics: It outlines 9 protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
  • Prohibition of Discrimination: The Act prohibits direct and indirect discrimination, harassment, and victimization based on these protected characteristics.
  • Public Sector Equality Duty: It requires public authorities to reinforce the need to eliminate discrimination. Plus, it promotes equality of opportunity. Also, fosters good relations between people who share a protected characteristic.

How to Identify Associative Discrimination

So, now the question arises: how can you find out if you are facing associative discrimination in the UK? As we fully understand the nature of associative discrimination, we have figured out some signs that can help you in identifying workplace discrimination by association.

Common signs of discrimination

Negative Stereotyping: The most common sign is that you are being judged on your association, such as being assumed to hold certain views. This could even include calling out names or racial slurs.

Harassment: Another sign is that you may face unwelcomed behavior, comments, or actions directed at you because of your association with someone from a protected group.

Unfair Treatment: You experience less favorable treatment because of your connection with someone who has a protected characteristic, such as being excluded from opportunities or benefits.

If you face any kind of associative discrimination, you must find a lawyer who holds expertise in these matters. 

Despite the fact that UK law aids in defending against associative discrimination, there might be a few risks associated with it. For instance, it may be difficult to present your case if you have been stereotyped verbally and your case lacks evidence.

The lack of evidence may even lead you to the problem. Hence, to avoid these kinds of risks, you must gather some evidence and document it. Here are some documents that you would need to defend your case:

  1. Written Records
  2. Emails or Messages
  3. Witness Statements
  4. Performance Reviews
  5. Meeting Minutes
  6. Official Complaints
  7. Photographs or Videos
  8. Medical Records (if relevant)
  9. Witness Testimony
  10. Correspondence with Legal or HR Departments

Legal Rights and Protections Against Associative Discrimination

Do you know that employers and employees are equally entitled to prevent associative discrimination in the workplace? Here’s what both parties need to ensure:

Employer Obligations

Employers are obliged to ensure fair treatment for employees regardless of their association with someone from a protected group. This even includes creating an inclusive environment, providing equal opportunities, and taking action if discrimination is reported. Employers who don’t cooperate in raising such issues may also be legally challenged.

Employee Rights and Resources

The employees have the right to complain about anti-discrimination laws and associations without fear of retaliation. They can seek advice from HR, trade unions, or organisations like  ACAS (Advisory, Conciliation and Arbitration Service) if discrimination occurs.

Additionally, they can even go to legal tribunals to seek legal remedies or compensation. In case they are unsatisfied with the judgment, they even have a right to get their case reviewed.

Preventing Associative Discrimination and Best Practices

To prevent cases of associative discrimination, you should follow a few practices, which are as follows:

  • Educate employees about associative discrimination, ensuring they understand their rights and even responsibilities under the Equality Act UK 2010.
  • Create a confidential and safe process for employees to report discriminatory behavior without fear of retaliation.
  • Make the Equality Act 2010 a part of the induction process for new employees.
  • Always allow a culture of inclusivity where diversity is respected and discriminatory behaviors are actively discouraged.
Looking for more clarity on associative discrimination and your legal rights?   Let Lawyersorted.com help!   Contact Us  

FAQs about Associative Discrimination

How do I prove associative discrimination?

To prove associative discrimination, gather evidence such as written records, emails, witness statements, and official complaints. Document instances of unfair treatment linked to your association with a person who has a protected characteristic.

What is discrimination by association and how does it differ from direct discrimination?

Discrimination by association occurs when you are treated unfairly because of your relationship with someone with a protected characteristic. Unlike direct discrimination, where you are treated unfairly due to your own characteristics, associative discrimination focuses on your association with another person.

What compensation can I claim for associative discrimination?

You may be entitled to compensation for lost wages, injury to feelings, legal costs, and any other related losses. The amount will depend on the severity of the discrimination and the impact it had on you.

How do I prove associative discrimination at work?

To prove associative discrimination at work, collect evidence such as emails, performance reviews, and witness statements that show you were treated unfairly due to your association with someone in a protected group. You may also need to show a pattern of discriminatory behavior.

What is an example of associative discrimination in health and social care?

An example would be a caregiver being treated poorly or denied services because they are accompanying a family member with a disability, reflecting bias based on the caregiver’s association with the individual.

What section of the Equality Act 2010 is associative discrimination?

Associative discrimination is covered under Section 13 of the Equality Act 2010. This prohibits direct or indirect discrimination based on association with anyone with a protected characteristic.

What is discrimination on the basis of association?

Discrimination on the basis of association occurs when someone is treated unfairly due to their relationship with or association with an individual who has a protected characteristic, like sex, sexual orientation, gender, race, etc.

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Table of contents

  1. What is Associative Discrimination?
  2. Types of Associative Discrimination
  3. Direct Associative Discrimination
  4. Indirect Associative Discrimination
  5. Harassment by Association
  6. Protected Characteristics
  7. Examples of Associative Discrimination
  8. Workplace Examples
  9. Service Provider Examples
  10. Education Setting Examples
  11. Legal Framework in the UK
  12. Equality Act 2010
  13. How to Identify Associative Discrimination
  14. Legal Rights and Protections Against Associative Discrimination
  15. Employer Obligations
  16. Employee Rights and Resources
  17. Preventing Associative Discrimination and Best Practices
  18. FAQs about Associative Discrimination
  19. How do I prove associative discrimination?
  20. What is discrimination by association and how does it differ from direct discrimination?
  21. What compensation can I claim for associative discrimination?
  22. How do I prove associative discrimination at work?
  23. What is an example of associative discrimination in health and social care?
  24. What section of the Equality Act 2010 is associative discrimination?
  25. What is discrimination on the basis of association?
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