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Discrimination Law : Text, Cases and Materials - Aileen McColgan

Discrimination Law

Text, Cases and Materials

Paperback Published: 9th August 2005
ISBN: 9781841134840
Number Of Pages: 766

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This is the second edition of a work which offers comprehensive coverage of the relevant UK and European Community law with a critical analysis of that law. The book, unusually, deals in detail with Northern Ireland's fair employment legislation as well as the law relating to sex, race and disability discrimination and equal pay. 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"; for the postgraduate student, too, it provides a challenging core text for any discrimination law course. an impressive book...it combines coverage of a wide range of material with detailed legal analysis. The author chooses her cases wisely... [but] 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...the book is accessible and well presented. It is also well written." Catherine Barnard Cambridge Law Journal

"an impressive book...it combines coverage of a wide range of material with detailed legal analysis. The author chooses her cases wisely... [but] 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...the book is accessible and well presented. It is also well written." Catherine Barnard, Cambridge Law Journal"

Acknowledgementsp. ix
Table of Casesp. xiii
Table of Legislationp. xxxv
Introductionp. 1
Discrimination and the Common Lawp. 4
Discrimination and Disadvantagep. 20
Discrimination and the Human Rights Actp. 23
EC Law and Discriminationp. 27
Structure of the bookp. 33
Discriminationp. 35
Direct Discriminationp. 35
The Development of Direct Discriminationp. 36
Circumventing Direct Discrimination: Appropriate Comparatorsp. 49
Harassment as Discriminationp. 52
Indirect Discriminationp. 65
Requirement or Conditionp. 74
Considerably smaller proportion ... can complyp. 81
Which is to (her) detriment of that other because she cannot complyp. 93
Justifiabilityp. 100
Victimisationp. 126
Positive Actionp. 137
Introductionp. 137
Positive Discrimination--the UK positionp. 138
The Disability Discrimination Act 1995p. 139
The Sex Discrimination Act 1975 and Race Relations Act 1976p. 140
The Fair Employment and Treatment (Northern Ireland) Order 1998p. 142
Positive Action and Indirect Discriminationp. 145
The Use of Positive Action in the UKp. 148
The Politics of Positive Discriminationp. 150
Goals and Timetablesp. 158
Positive Discrimination and EC lawp. 162
Prohibited Discriminationp. 177
Introductionp. 177
Employmentp. 177
Prohibited Discriminationp. 184
Qualifying Bodiesp. 209
Educationp. 216
Discrimination in Housing/Premisesp. 217
Discrimination in the Provision of Goods and Servicesp. 220
Social Securityp. 246
Enforcementp. 253
Individual Enforcementp. 253
Time Limitsp. 269
Individual Remediesp. 280
Collective Enforcementp. 288
Powers of the EOC, CRE, DRC, and ECp. 291
Formal Investigationsp. 293
Preventing Further Discriminationp. 311
The Commissions as Litigantsp. 316
Alternative Methods of Enforcementp. 320
"Mainstreaming" Equalityp. 332
The Sex Discrimination Act 1975p. 339
Introductionp. 339
Coverage of the SDA and exceptions theretop. 346
Pregnancyp. 355
Combining Work and Family Lifep. 375
Discrimination on grounds of gender-reassignmentp. 382
Discrimination on grounds of sexual orientationp. 387
Clothing and appearance rulesp. 397
The Race Relations Actp. 403
Introductionp. 403
Race discrimination and European Lawp. 405
Coverage of the RRAp. 409
Racial Grounds, Racial Groupp. 413
Genuine Occupational Qualifications and other Exceptionsp. 433
The Disability Discrimination Actp. 447
Disability and Disadvantagep. 447
Scope of the DDAp. 451
"Disability"p. 454
Definitions of Discriminationp. 472
Duty to Make Adjustmentsp. 476
A Duty to Adjust?p. 480
Reasonable Steps Taken?p. 485
Justificationp. 489
Remediesp. 497
Disability Discrimination and the Draft Equal Treatment Directivep. 498
The Fair Employment and Treatment (Northern Ireland) Order 1998p. 499
Exceptions to the Prohibition on Discriminationp. 508
Investigations of Practices, Monitoring and Review Obligationsp. 514
Contract Compliancep. 515
Affirmative Actionp. 517
Equal Payp. 519
The Backgroundp. 519
Introduction to the Equal Pay Actp. 525
Article 141p. 530
'Pay', the EqPA and Article 141p. 533
Claiming "Equal Pay"p. 536
"Like Work"p. 541
Work Related as Equivalentp. 545
Work of Equal Valuep. 548
Scope of the Equal Pay Comparisonp. 563
The Employer's Defencep. 572
Early decisions: the "category" approachp. 572
The CGMF and indirect discriminationp. 578
The return of the "category" approach?p. 582
The GMF and indirect discrimination (2)p. 585
Explaining Part of the Pay Gapp. 595
"Material factors" and the GMFp. 597
Remediesp. 603
Discrimination Law: Likely Developmentsp. 605
Scope of Discrimination Prohibitionsp. 605
Indexp. 627
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781841134840
ISBN-10: 1841134848
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 766
Published: 9th August 2005
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 24.4 x 17.1  x 3.8
Weight (kg): 1.2
Edition Number: 2