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Discrimination Law

Text, Cases and Materials

By: Aileen McColgan QC, Eddie Bruce-Jones
Media of Discrimination Law
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Published: 24-02-2022
Format: PDF eBook (?)
Edition: 3rd
Extent: 896
ISBN: 9781509928439
Imprint: Hart Publishing
RRP: £44.99
Online price : £35.99
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About Discrimination Law

This textbook 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 that will equip the reader with an understanding of the enduring challenges that frame equality law and contemporary responses to those challenges. New content includes chapters on positive action and age, alongside treatment of discrimination and sex, race, disability, religion and belief, gender identity and sexual orientation.

Structured so as to be accessible to the student approaching discrimination law for the first time, the book is also 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 key 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
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
Indirect Discrimination
Other Prohibited Discrimination

3. Positive Action
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
Discrimination in the Provision of Goods, Facilities, Services and in the Exercise of Public Functions
Exceptions to the Prohibitions on Discrimination
Employment Related Protection
Wider Employment-Related Provisions
Establishing Liability for Discrimination

5. Enforcement
Enforcement of EU Legislation
Individual Enforcement
Time Limits
Individual Remedies
'Collective' Enforcement
Contract Compliance

6. Sex
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

7. Race
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
History and Development of Disability Equality Provisions
Direct Discrimination
Disability-Related Discrimination
Duty to Make Adjustments

9. Religion and Belief
'Race' and 'Religion'
Article 9 ECHR
EU Law
The Equality Act 2010

10. Gender Identity and Sexual Orientation
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


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