Discrimination Law

Introduction: discrimination and the common law; discrimination and disadvantage; discrimination and the Human Rights Act; EC law and discriminations; structure of the book. Discrimination: direct discrimination - the development of direct discrimination, circumventing direct discrimination - appropriate comparators, harassment as discrimination; indirect discrimination - requirement or condition, considerably smaller proportion - can comply, which is to (her) detriment of that other because she cannot comply, justifiability; victimisation. Positive action: introduction; positive discrimination - the UK position - the Disability Discrimination Act 1995, the Sex Discrimination Act 1975 and Race Relations Act 1976, the Fair Employment and Treatment (Northern Ireland) Order 1998; positive action and indirect discrimination; the use of positive action in the UK; the politics of positive discrimination; goals and timetables; positive discrimination and EC law. Prohibited discrimination: introduction; employment; prohibited discrimination; qualifying bodies; education; discrimination in housing/premises; discrimination in the provision of goods and services; social security. Enforcement: individual enforcement; time limits; individual remedies; collective enforcement - powers of the EOC, CRE, DRC and EC, formal investigations, preventing further discrimination, the Commissions as litigants; alternative methods of enforcement - "mainstreaming" equality. The Sex Discrimination Act 1975: introduction, coverage of the SDA and exceptions thereto; pregnancy; combining work and family life; discrimination on grounds of gender-reassignment; discrimination on grounds of sexual orientation; clothing and appearance rules. The Race Relations Act: introduction; race discrimination and European law; coverage of the RRA; racial grounds, racial group; genuine occupational qualifications and other exceptions. The Disability Discrimination Act: disability and disadvantage; scope of the DDA; "disability"; definitions of discrimination; duty to make adjustments; a duty to adjust?; reasonable steps taken; justification; remedies; disability discrimination and the draft Equal Treatment Directive. The Fair Employment and Treatment (Northern Ireland) Order 1998: exceptions to the prohibition on discrimination; investigations of practices, monitoring and review obligations; contract compliance; affirmative action. Equal pay: the background; introduction to the Equal Pay Act; Article 141; "pay", the EqPA and Article 141; claiming "equal pay" - like work, work related as equivalent; work of equal value; scope of the equal pay comparison; the employer's defence - early decisions - the "category" approach, the CGMF and indirect discrimination, the return of the "category" approach?, the GMF and indirect discrimination (2), explaining part of the pay gap, "material factors" and the GMF, remedies. Discrimination law - likely developments: scope of discrimination prohibitions.