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10. Introduction to Employment Equality Law

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This chapter examines the pros and cons of interfering in the labour market via the promulgation of anti-discrimination laws. It evaluates the basic theoretical constructs which are relevant to a proper understanding of anti-discrimination law in the UK and the EU, including the possible policy responses (e.g. the distinction between formal equality and substantive equality). It briefly assesses the historical development of anti-discrimination laws in the workplace, and then analyses key statutory concepts such as direct discrimination, indirect discrimination, harassment, sexual harassment. Finally, the chapter considers victimization—an important issue since there is little purpose in statutory concepts if the employer can intimidate the employee from bringing or continuing proceedings on one of these bases by subjecting him/her to retaliation.
Oxford University Press
Title: 10. Introduction to Employment Equality Law
Description:
This chapter examines the pros and cons of interfering in the labour market via the promulgation of anti-discrimination laws.
It evaluates the basic theoretical constructs which are relevant to a proper understanding of anti-discrimination law in the UK and the EU, including the possible policy responses (e.
g.
the distinction between formal equality and substantive equality).
It briefly assesses the historical development of anti-discrimination laws in the workplace, and then analyses key statutory concepts such as direct discrimination, indirect discrimination, harassment, sexual harassment.
Finally, the chapter considers victimization—an important issue since there is little purpose in statutory concepts if the employer can intimidate the employee from bringing or continuing proceedings on one of these bases by subjecting him/her to retaliation.

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