Equality, Discrimination and the Law

Equality, Discrimination, and the Law argues that traditional notions of discrimination and victimization are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. The House of Lords found that Mr. James had suffered direct sex discrimination, leading to an inconsistent body of law with 'fuzzy borders'. This book investigates a number of 'fuzzy border cases' in the EU and UK based on nationality discrimination, indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimization. It concludes that fixed notions such as 'direct and indirect discrimination' are mutually exclusive and that the traditional concepts of discrimination and victimization do not reflect the reality of practice.

Format: Paperback / softback
Length: 226 pages
Publication date: 29 January 2024
Publisher: Taylor & Francis Ltd

Equality, Discrimination, and the Law delves into the complexities of identifying 'fuzzy border cases' where pensionable age, pregnancy, residence, and marriage serve as proxies for unlawful discrimination. The book argues that traditional notions of discrimination and victimization are inadequate to implement equality policy and cannot fully represent the reality of discriminatory practices.

In a case study, Mr. and Mrs. James, both aged 61, encountered a discriminatory situation when they went swimming. Mr. James was charged for entry, while Mrs. James was admitted free. The reason for this disparity was that the local authority offered free swimming to individuals of 'pensionable age,' which at the time was 65 for men and 60 for women. The House of Lords ruled that Mr. James had suffered direct sex discrimination in this case.

This decision highlights the fact that sometimes a given set of facts does not neatly fit into traditional definitions of discrimination. It encourages the judiciary to shape the law to fit the facts, leading to an inconsistent body of law with 'fuzzy borders.' The book investigates a number of 'fuzzy border cases' in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimization.

The argument presented in the book is that fixed notions such as 'direct and indirect discrimination' are mutually exclusive and do not stand up to scrutiny. It is essential to recognize that the traditional concepts of discrimination and victimization do not reflect the reality of practice.

Equality, Discrimination, and the Law is a valuable resource for students, scholars, and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses. The book provides a comprehensive analysis of the legal frameworks and challenges associated with these complex issues, offering insights into the development of equality policy and practice.

Weight: 453g
Dimension: 229 x 152 (mm)
ISBN-13: 9781032034867