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A challenging, yet highly accessible, introduction to discrimination law which highlights the major issues and asks how the right to equality can be made more effective. This edition includes expanded material on how jurisdictions formulate grounds of discrimination with thematic analysis on topics such as racism, sexism, and LGBTQ+ rights.

A challenging, yet highly accessible, introduction to discrimination law which highlights the major issues and asks how the right to equality can be made more effective. This edition includes expanded material on how jurisdictions formulate grounds of discrimination with thematic analysis on topics such as racism, sexism, and LGBTQ+ rights

Intro -- Acknowledgements -- Contents -- Table of Cases -- Table of Legislation and International Instruments -- 1. Introduction -- I. The Question -- II. The Context -- III. The Dataset -- IV. The Argument -- PART I: INTERPRETING DISCRIMINATION LAW CREATIVELY? -- 2. Finding Meaning in Legislation -- I. Comparing the Legislative Regimes -- II. History and Context -- III. The Search for Meaning: A Creative Interpretation -- 3. Developing the Purpose of Discrimination Law -- I. The Early Literature: Discrimination Law and Formal Equality -- II. Discrimination Law's Substantive Purpose: Liberty or Equality? -- III. Discrimination Law and Substantive Equality -- IV. A 'Creative' Interpretation of Discrimination Law -- PART II: A 'CREATIVE' APPROACH IN PRACTICE -- 4. Social Groups and Disadvantage -- I. Addressing Socio-Economic and Historical Disadvantages: Race, Ethnic Origins, National Origins and Nationality -- II. Accommodation and Changing the Workplace: Pregnancy, Family Responsibility and Sex Discrimination -- III. Disability, Stigma and Stereotype -- IV. Comparing Approaches -- 5. Interrogating the Harm -- I. Comparison -- II. Reason and Cause -- III. Accommodation and Adjustments -- IV. Justification -- V. Comparing the Approaches -- VI. A Creative Approach in Practice -- PART III: WHAT DOES A 'CREATIVE' INTERPRETATION OF LEGISLATIVE INTENT REQUIRE FROM JUDGES? -- 6. Values and Legitimacy -- I. Values Underpinning Statutory Discrimination Law -- II. Quasi-Constitutionalism and Discrimination Law -- III. Judicial Legitimacy and Statutory Non-Discrimination Rights -- IV. Conclusion -- 7. Institutional Competence and Redistribution -- I. Discrimination Law's Distributive Potential -- II. The Competency Challenge -- III. Competence, Distribution, and the Provision of Government Services -- IV. Conclusion -- 8. Conclusion -- I. Contribution.

Are employment discrimination plaintiffs viewed by society and by judges with an increased skepticism? This Article urges that the same actor inference, the stray comment doctrine, and strict temporal nexus requirements, as courts have applied them, make up a larger and dangerous trend in the area of employment discrimination jurisprudence—that of courts reverting to special, judge-made "shortcuts" to curtail or even bypass analysis necessary to justify the disposal or proper adjudication of a case. This shorthand across different doctrines reveals a willingness of the judiciary to proxy monolithic assumptions for the individualized reasoned analyses mandated by the relevant antidiscrimination legislation. This Article contrasts the shortcuts trend in employment discrimination jurisprudence with those presumptions and inferences that have traditionally been afforded to plaintiffs suing under traditional tort law. It also explores the potential root causes of the skepticism and hostility with which judges have regarded employment discrimination plaintiffs, as opposed to the way in which they have regarded traditional tort plaintiffs.

Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.