Indirect Discrimination

‘Indirect discrimination’ in Kasper Lippert-Rasmussen ed, Routledge Handbook of the Ethics of Discrimination (Routledge 2017) 30-41

Oxford Legal Studies Research Paper Forthcoming

U of Melbourne Legal Studies Research Paper, #854

25 Pages Posted: 10 Jan 2018 Last revised: 12 Nov 2019

See all articles by Tarunabh Khaitan

Tarunabh Khaitan

University of Melbourne - Law School; University of Oxford - Faculty of Law; NYU Law School; Berkeley Center on Comparative Equality Law; NYU Law School

Date Written: January 5, 2018

Abstract

Indirect discrimination involves an apparently neutral practice or policy which puts members of a protected group at a disproportionate disadvantage compared with members of a cognate group, and which fails to satisfy a means-end justification test. Law has played a critical role in recognizing and conceptualizing the phenomenon. The conceptual distinction between direct and indirect discrimination, and their relative moral badness remains controversial in legal and philosophical literature. Some have even questioned whether indirect discrimination even counts as ‘discrimination’, and others have asked whether it is wrongful at any rate (the two categories of interrogators do not necessarily overlap). These questions have led to renewed attempts to explore the moral badness of indirect discrimination, and the legitimacy of the legal regulation of the phenomenon.

Keywords: indirect discrimination, discrimination law

Suggested Citation

Khaitan, Tarunabh, Indirect Discrimination (January 5, 2018). ‘Indirect discrimination’ in Kasper Lippert-Rasmussen ed, Routledge Handbook of the Ethics of Discrimination (Routledge 2017) 30-41, Oxford Legal Studies Research Paper Forthcoming, U of Melbourne Legal Studies Research Paper, #854, Available at SSRN: https://ssrn.com/abstract=3097020 or http://dx.doi.org/10.2139/ssrn.3097020

Tarunabh Khaitan (Contact Author)

University of Melbourne - Law School ( email )

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University of Oxford - Faculty of Law ( email )

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NYU Law School ( email )

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Berkeley Center on Comparative Equality Law

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