Caring for the disabled? New boundaries in disability discrimination

Roberts, Pauline Isobel ORCID: https://orcid.org/0000-0002-4577-2202 2009. Caring for the disabled? New boundaries in disability discrimination. Modern Law Review 72 (4) , pp. 635-647. 10.1111/j.1468-2230.2009.00761.x

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Abstract

The scope of the disability-related less favourable treatment provisions of the Disability Discrimination Act 1995 has been reduced by the House of Lords in a housing case, London Borough of Lewisham v Malcolm, while the European Court of Justice has taken a broad approach to disability discrimination and carers within the EC Framework Directive in Coleman v Attridge Law. In discussing both cases, this note suggests that the pre-Malcolm approach to identifying the comparator in disability-related discrimination claims should prevail in the employment context, in view of the obligations under the EC Framework Directive.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Schools > Law
Subjects:	K Law > K Law (General)
Publisher:	Blackwell Publishing
ISSN:	0026-7961
Last Modified:	19 Oct 2022 08:48
URI:	https://orca.cardiff.ac.uk/id/eprint/19062

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