The Concept of Indirect Discrimination by Association: Too Late for the UK?
本文探讨了欧盟法中“间接关联歧视”概念的定义及其在英国劳动法中的适用性，并结合英国脱欧背景分析该概念的持久性。
At first sight, a complaint by a Bulgarian shop owner about the siting of her electricity meter is rather remote from employment in the UK. The questions which I consider in this Note, arising from that case, are whether the concept of indirect discrimination by association is now part of EU law, how that concept is to be defined and the extent to which it is also now part of UK employment law. Finally, in view of Brexit, there is the question of durability. In the case of CHEZ,1 a Bulgarian court posed 10 questions to the Court of Justice of the European Union (‘CJEU’), including, as the final question, an invitation to comment on the merits of the case to a greater extent than would normally occur. It was necessary for the CJEU to rephrase the first of the 10 questions in order to identify the essence of what the referring court was asking. Does Council Directive 2000/43/EC of 29 June 2000, implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, apply ‘irrespective of whether the measure at issue’ in the relevant proceedings ‘affects persons who have a certain ethnic origin or persons who, without possessing that origin, suffer, together with the former, the less favourable treatment or particular disadvantage resulting from that measure’?2