Full Description
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.
Contents
1. Indirect Discrimination Law: Controversies and Critical Questions
Hugh Collins and Tarunabh Khaitan
2. Direct and Indirect Discrimination: Is There Still a Divide?
Sandra Fredman
3. Approaching the Indirect-Direct Discrimination Distinction: Concepts, Justifications and Policies
Nicholas Bamforth
4. Judicial Scepticism of Discrimination at the ECtHR
Barbara Havelková
5. Indirect Discrimination and the Duty to Avoid Compounding Injustice
Deborah Hellman
6. The Moral Seriousness of Indirect Discrimination
Sophia Moreau
7. Squaring the Circle: Can an Egalitarian and Individualistic Conception of Freedom of Religion or Belief Co-exist with the Notion of Indirect Discrimination?
Ronan McCrea
8. Indirect Discrimination, Affirmative Action and Relational Egalitarianism
Kasper Lippert-Rasmussen
9. Wrongs, Group Disadvantage and the Legitimacy of Indirect Discrimination Law
Tarunabh Khaitan and Sandy Steel
10. Anti-discrimination Law and the Duty to Integrate
Julie C Suk
11. Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination
Hugh Collins
