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Caring for the Disabled? New Boundaries in Disability Discrimination
Author(s) -
Roberts Pauline
Publication year - 2009
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2009.00761.x
Subject(s) - borough , directive , context (archaeology) , scope (computer science) , medical model of disability , european court of justice , disability benefits , disabled people , disability discrimination , law , economic justice , political science , intellectual disability , sociology , psychology , law and economics , european union , public administration , european union law , business , psychiatry , history , computer science , social security , programming language , economic policy , archaeology , cerebral palsy
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.