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Foundations of Indirect Discrimination Law (Hardcover)
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Foundations of Indirect Discrimination Law (Hardcover)
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Indirect discrimination (or disparate impact) concerns the
application of the same rule to everyone, even though that rule
significantly disadvantages one particular group in society. Ever
since its recognition by the Supreme Court of the United States in
1971, liberal democracies around the world have grappled with the
puzzle that it can sometimes be unfair and wrong to treat everyone
equally. The law's regulation of private acts that unintentionally
(but disproportionately) harm vulnerable groups has remained
extremely controversial, especially in the United States and the
United Kingdom. In original essays in this volume, leading scholars
of discrimination law from North America and Europe explore the
various facets of the law on indirect discrimination, interrogating
its foundations, history, legitimacy, purpose, structure, and
relationship with other legal concepts. The collection provides the
first international work devoted to this vital area of the law that
seeks both to prevent unfair treatment and to transform societies.
Cited by Justice Miller in R v Sharma, 2020 ONCA 478, Court of
Appeal for Ontario, 24 July 2020; by Justice Abella in Fraser v
Canada (Attorney General), 2020 SCC 28, Supreme Court of Canada, 16
October 2020; and by Justice Chandrachud in Nitisha v Union of
India, WP(C) No-001109 - 2020, Supreme Court of India, 25 March
2021.
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