Details
This is the third edition of a work which offers comprehensive coverage of the Equality Act 2010, alongside other relevant UK law and European Union law. The book goes beyond the previous editions by presenting a critical and theoretical analysis of equality law intended to equip the reader with an understanding of the enduring challenges that frame equality law and contemporary responses to those challenges.
Structured so as to be accessible to the student approaching discrimination law for the first time, the book is sufficiently detailed and analytical to appeal to the well-informed reader, and to provide those engaged in research with a solid base for further independent study. For the undergraduate student studying discrimination law as a free-standing subject or as part of a wider course, the book provides a one-stop shop; furthermore, this edition is also a challenging core text for any postgraduate discrimination law course.
- Table of Cases
- Table of Statutory Instruments and Codes of Practice
- Table of Legislation
- 1. Introduction
- Introduction
- Meanings of Equality
- Discrimination and the Common Law
- Domestic Statutory Prohibitions on Discrimination
- Equality and the HRA
- EU Law and Discrimination/Equality
- Discrimination and Disadvantage
- Multiple Discrimination
- 2. 'Discrimination'
- Direct Discrimination
- Victimisation
- Indirect Discrimination
- Other Prohibited Discrimination
- 3. Positive Action
- Introduction
- Positive Discrimination and Article 14 ECHR
- Positive Discrimination and EU Law 2010
- Positive Discrimination and the Equality Act
- The Rights and Wrongs of Positive Discrimination
- The Public Sector Equality Duty
- 4. Coverage
- Introduction
- Discrimination in the Provision of Goods, Facilities, Services and in the Exercise of Public Functions
- Exceptions to the Prohibitions on Discrimination
- Housing/Premises
- Work
- Employment Related Protection
- Wider Employment-Related Provisions
- Establishing Liability for Discrimination
- Education
- Associations
- 5. Enforcement
- Introduction
- Enforcement of EU Legislation
- Individual Enforcement
- Time Limits
- Individual Remedies
- 'Collective' Enforcement
- Contract Compliance
- 6. Sex
- Introduction
- Sex-Based Disadvantage
- The Legal Regulation of Sex Discrimination
- The Equal Pay Act and Article 157 TFEU
- The Material Factor Defence
- The Employer's Defence
- Prohibitions on Sex-Related Discrimination and Exceptions Thereto
- Clothing and Appearance Rules
- Pregnancy
- 7. Race
- Introduction
- Structural Discrimination
- Race Discrimination and EU Law
- Coverage of the Equality Act 2010
- 'Racial Grounds', 'Racial Group'
- Genuine Occupational Qualifications and Other Exceptions
- 8. Disability
- Introduction
- History and Development of Disability Equality Provisions
- 'Disability'
- Direct Discrimination
- Disability-Related Discrimination
- Duty to Make Adjustments
- Justification
- 9. Religion and Belief
- Introduction
- 'Race' and 'Religion'
- Article 9 ECHR
- EU Law
- The Equality Act 2010
- 10. Gender Identity and Sexual Orientation
- Introduction
- Discrimination on Grounds of Gender Reassignment: Gender Identity and Recognition Rights
- Discrimination on Grounds of Sexual Orientation
- Discrimination on Grounds of Sexual Orientation: (II) The SDA and the HRA
- 11. Age
- Age, Disadvantage and Discrimination
- Age Discrimination and the Law
- The Equality Act 2010
- Exceptions to the Prohibitions on Age Discrimination
- 12. Conclusion
- Index
Aileen McColgan is Professor of Human Rights Law at King’s College, London.
...McColgan is at the cutting-edge of the developments in this area…her analysis is at the heart of contemporary debate…a useful source of reference for legal practitioners and human resource professionals and,...it will be a valuable resource for those involved in providing legal advice in this increasing area of litigation.
Vera Bermingham
The Law Teacher, Vol 40, No 2
2006
This casebook is a real treasure chest of discrimination materials useful to both the student and the policy officer. For the practitioner it can be used to spark off new areas of enquiry to generate novel arguments.
Gay Moon
Justice Journal, Vol 3, No 1
2006
…this book provides a vital snapshot of the existing body of discrimination law in the United Kingdom. It gives a comprehensive and thorough analysis of the state of U.K. law in this area, producing an ideal foundation for a reasoned discussion on how and why discrimination law should be reformed.
Mark Bell, University of Leicester
Public Law
January 2001
The book combines comprehensive exposition of the relevant UK and EU law with critical analysis
Equal Opportunities Review
July 2001
...provides a valuable source of reference for others who may wish to research a rapidly growing area of the law that discrimination of all kinds has become. This is a very worthwhile textbook which should find a welcome place in the armoury of academics and researchers interested in the subject.
Ramnik Shah
New Law Journal
February 2003
This is an impressive book which offers a valuable insight to the ever-expanding, increasingly complex world of discrimination law. The strengths of this book are many. First, it combines coverage of a wide range of material with detailed legal analysis. The author chooses her cases wisely Secondly, the author does not confine her coverage to judicial decisions: she draws on a wide range of material as well as placing her discussion at the heart of contemporary debate Thirdly, the book is accessible and well presented. It is also well written.
Catherine Barnard
Cambridge Law Journal
February 2003
