Discrimination Law: Text, Cases and Materials 3rd Edition

Discrimination Law

Discrimination Law: Text, Cases and Materials 3rd Edition

By Aileen McColgan KC
Hart Publishing April 2023

Specifications

ISBN-13
9781509966592
Publisher
Hart Publishing
Publication
April 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

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 Contents

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
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