Indirect Discrimination in UK Law
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Indirect Discrimination Law in the EC; Appearance Rather than Reality?
It would not be an overstatement to suggest that the principle of equality constitutes a cornerstone of European Community Law. The prohibition of discrimination on the basis of nationality, enshri...
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Indirect discrimination and substantive equality in Nitisha: Easier said than done under Indian constitutional jurisprudence
This note analyses the recent landmark case of Lt Col Nitisha v Union of India, dated 25 March 2021, where the Supreme Court of India formally recognised the concept of indirect discrimination unde...
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Justifying Indirect Discrimination in English and American Law: How Stringent Should the Test Be?
Because British anti-discrimination legislation is significantly based on the American precedent contained in Title VII of the Civil Rights Act 1964, it is instructive to compare judicial developme...
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Personal Religious Beliefs in the Workplace: How Not to Define Indirect Discrimination
In cases concerning indirect religious discrimination the claimant must demonstrate that an otherwise neutral measure has caused her to suffer a particular disadvantage because of her religion. In ...
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The Strasbourg Court and Indirect Race Discrimination: Going Beyond the Education Domain
Prohibiting indirect discrimination has been hailed as guaranteeing substantive equality by addressing issues of structural discrimination and inequalities in a way that direct discrimination canno...
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The equalisation of the state pension age in United Kingdom: Indirect sex discrimination?
This commentary examines the Court of Appeal’s decision in R (Delve and Glynn) v. Secretary of State for Work and Pensions, which concerned the judicial review of the incremental increase of the st...
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The Influence of Race and Unemployment upon Prosecution in Drug Trafficking Trials
To enhance our understanding of the impact of race in criminal trials, Anita Kalunta-Crumpton, an independent criminal justice researcher, studied numerous Crown Court prosecutions for alleged drug...... ... revealing a pattern of indirect discrimination ... ...
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A continuing constitutional conversation: Locating Nitisha
In April 2021, the Supreme Court of India decided Nitisha v Union of India, holding that the gender neutral hiring procedure adopted by the Indian Army indirectly discriminated against women office...... ... Case Commentary International Journal of Discrimination and the Law 2022, Vol. 22(1) 87 – 101 © The Author(s) 2022 Article ... th e gender neutr al hiring proce dure adoptedby the Indian Army indirect ly discrimi nated against women of fi cers by disproportionately ... ...
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Disparate Effects and Objective Justifications in Sex Discrimination Law
Given the difficulties involved in proving indirect sex discrimination, the practical importance of the allocation of evidential burdens and the quantum of proof required to discharge those burdens...... ... VICK* University of Stirling, UK ABSTRACT Given the difficulties involved in proving indirect sex discrimination, the practical importance of the allocation of evidential burdens and the quantum of proof required to discharge those burdens ... ...
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Case Notes
A contemporary issue of crucial importance in indirect discrimination cases is the attitude of the court, at both national and Community level to the defence based on justification. When can rules,...... ... International Journal of Discrimination and the Law, 1995, Vol. 1, pp. 77-81 1358-2291!95 $10 © ... Sidal A contemporary issue of crucial importance in indirect discrimination cases is the attitude of the court, at both ... ...
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