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Evaluate critically the UK legislation on prohibiting discrimination in the employment context and consider whether equality is or should be, the goal of discrimination legislation.
7 months ago

Law Question asked by Hillary

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2 Answers

This question has a variety of elements which can be easily broken down to create a persuasive structure:
(1) You should note that the essay refers to UK LEGISLATION
(2) Should EQUALITY be the goal of discrimination legislation?

Even if your answer to (2) is yes, you need to determine other aspects to discrimination legislation that may be relevant. Your opinion here is critical. You should either agree or disagree with (2) and this should form at least half of your essay. Outlining the legislative framework should be the first half.
Answered by Joshua | 7 months ago
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Quite aside from the substantive law, the key to answering this question will be in how you define "equality" and alternative aims that you adumbrate. Luckily, there is a good amount of quality literature in this area to guide you.

Collins, ‘Discrimination, Equality and Social Inclusion’ (2003) 66 Modern Law Review 16, offers a good overview of traditional views in this area (equality) and alternative accounts which offer a different goal/justification.

I would recommend looking at Réaume, Discrimination and Dignity (2003) 63 Louisiana Law Review 645, for an examination of a "dignitatian" interrogation of this subject matter.

Structurally, I would begin with defining "equality" and listing some of the alternative accounts (dignitarian, identitarian, social inclusion, etc.) that have been put forward by academics.

I would then move on to assess UK law through the lens of these accounts - which offers the best explanation and why? Note this question asks about all of the UK. Are there any deviations across borders that are worth noting?

Having concluded which account seems to offer the best explanation, I would finally consider the relationships between the different accounts? Do they collapse into "equality" or are they distinct?

Answered by Seth | 7 months ago
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