Discrimination by association and discrimination by assumption under directives 2000/43 and 2000/78

This report addresses an evolving dimension of EU anti-discrimination law: the concepts of 'discrimination by association' and 'discrimination by assumption'.1 The EU anti-discrimination directives prohibit discrimination on a finite set of grounds: age, disability, religion or belief, sexual orientation, and racial or ethnic origin.2 Discrimination claims are generally advanced by persons who have a characteristic that is encompassed by those grounds, arguing for instance that they were dismissed by an employer because of their Muslim faith. The concepts of discrimination by association and assumption recognise that persons without protected characteristics are also subjected to discrimination. However, the parameters of those concepts are uncertain. Legal principles have been developed incrementally by the CJEU, and its case law is complemented by a growing body of decisions at Member State level. This report explores that case law with a view to providing practical guidance on how the concepts have and might further extend the personal scope of anti-discrimination law across the EU.