Challenging the limits of the grounds of discrimination
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Challenging the limits of the grounds of discrimination towards a flexible, contextual approach. by Alison J. Gray

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Published .
Written in English


  • University of Toronto. -- Faculty of Law -- Dissertations.,
  • Discrimination -- Law and legislation -- Canada.,
  • Equality before the law -- Canada.,
  • Discrimination -- Law and legislation.

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About the Edition

While previously the grounds of discrimination presented a barrier to recognizing more complex inequalities, such as those occurring from an intersection of characteristics, I argue that this no longer need be the case. The problem lies not with the grounds themselves, but with the way in which they are interpreted. The grounds tend to be treated rigidly, with their content seen as static and incapable of changing to respond to new situations.I argue that this rigid approach can be avoided through a flexible, contextual approach to the grounds in which the three-stage inquiry of the Law test is approached holistically, so that each stage is examined contextually. It is only then that we will we be able to identify and examine the social systems that construct and maintain certain individuals and groups in positions of disadvantage, as well as explore the ways in which these systems of disadvantage interlock to create unique experiences of inequality for certain groups.

The Physical Object
Pagination123 leaves.
Number of Pages123
ID Numbers
Open LibraryOL19512669M
ISBN 100612954269

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The book contains chapters on the sources of discrimination, the scope of discrimination law, the concepts of direct and indirect discrimination, the issue of reverse discrimination, and the limits of the law in providing rights and remedies for discrimination."--Jacket Includes bibliographical references and Pages: This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the Civil Rights Act and are today deeply ingrained in our legal culture.3/5(1).   Comparison – unlawful termination. The list of attributes in s(1) are identical to the attributes in s(1)(f) – meaning that if a person is not eligible to make an application for discrimination under the general protections provisions then the following information can also be appropriate for an unlawful termination claim. Indeed, the book begins with a helpful overview of how a claimant experiencing intersectional discrimination might fare in each of these jurisdictions, revealing the limits of extant legal regimes.[23] This sets the stage for Atrey’s bold attempt to bridge the gap between discrimination .

Discrimination: Theoretical and Empirical Overview John F. Dovidio, Miles Hewstone, Peter Glick, and Victoria M. Esses ABSTRACT This chapter has two main objectives: to review influential ideas and findings in the literature and to outline the organization and content of the volume. The first part of the chapter lays a conceptual and. Article 15 restricts discrimination on the ground of: Religion – It means that no person should be discriminated on the basis of religion from accessing any public place or policy by the state or any group. Race – Ethnic origin should not form a basis of discrimination. For example, a citizen of Afghan origin should not be discriminated. Walter Block’s book is a specialized application of the libertarian perspective on society, as applied to a particular controversy in our times. It is supremely rare in tackling this issue head-on and offering a no-compromise alternative: abolish all anti-discrimination law on grounds that it makes no economic sense and only generates. The concept of discrimination nowadays It becomes really challenging when the contexts are taken into consideration too. The concept dates back a long time, it was introduced in the book of Walter Lippmann published in with the title of „Public Opinion”. Its title refers to the beforehand recorded.

  Beck said the chaplains programs can already be challenged under the Fair Work Act, but the passage of a Religious Discrimination Act would create a . Forbidden Grounds book. Read reviews from world’s largest community for readers. impose limits on freedom of choice, Professor Richard Epstein argues in this book that employment discrimination laws do more harm than good and that employment discrimination can be addressed better by the free market than by laws or judicial decisions /5(1). There are strict time limits for going to court. You need to make your claim within 6 months less one day of the act you’re complaining about. The court can allow a claim outside the time limits, but only if it considers it just and equitable to do so. If you want to make a claim about discrimination at work, the time limit is 3 months. Such age limits in human rights legislation across Canada have been challenged as offending section 15 of the Canadian Charter of Rights and Freedoms (the Charter), which guarantees the right to equal protection and benefit of the law without discrimination based on age and other grounds.