Wrongs, Group Disadvantage and the Legitimacy of Indirect Discrimination Law
Tarun Khaitan, Sandy Steel
Foundations of Indirect Discrimination Law | Hart Publishing | Published : 2018
Is indirect discrimination liability more like an affirmative action programme or like the tort of negligence? Is it a redistributive measure or a corrective one? Is it best characterized as ‘public law’ or law ‘private law’? Does it seek to protect groups or individuals? In this paper, we will argue that liability for indirect discrimination occupies a middle ground between these supposedly settled legal categories, combining features of both items in each dichotomy. It is this seemingly unstable and somewhat unfamiliar middle position that partially explains the persisting doubts expressed regarding the legitimacy of indirect discrimination liability.