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Discrimination Law (Paperback, 3rd Revised edition)
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Discrimination Law (Paperback, 3rd Revised edition)
Series: Clarendon Law Series
Expected to ship within 12 - 17 working days
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This book is a challenging, thought-provoking yet highly accessible
introduction to discrimination law. It takes a thematic approach,
illuminating the major issues in discrimination law, while
imparting an in-depth understanding of the strengths and weaknesses
of legal responses to complex social problems of inequality. This
is enhanced by the comparative approach. By considering equality
law in the UK, US, India, Canada, and South Africa, as well as the
European Union and under the European Convention on Human Rights,
the book exposes common problems across different jurisdictions and
canvasses a variety of differing solutions. As in the highly
successful previous editions, the book locates discrimination law
within its historical and social context. One of its major
strengths is the development of an analytic framework of
substantive equality, drawing on a range of sources, and the
author's wide experience of equality law in many jurisdictions. As
well as chapters charting the social challenges and legal
responses, the book compares the ways in which different
jurisdictions formulate grounds of discrimination or protected
characteristics; the meaning of key concepts such as direct
discrimination (disparate treatment); indirect discrimination
(disparate impact); and when limitations on equality are
legitimate. Later chapters test these concepts in some of the most
challenging contexts: pregnancy and parenting, equal pay,
reasonable accommodation, and sexual harassment; as well as to the
particularly controversial issue of affirmative action or
deliberate preference policies. Discussing at length how racisms,
sexism, LGBTQ+ rights, and other topics impact these contexts. The
final chapter asks how the right to equality can be made more
effective, critically assessing the paradigm individual complaints
model, and possible alternatives, from class actions and strategic
litigation to mainstreaming and positive duties to promote
equality.
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