TY - JOUR
AU - Fredman, Sandra
AB - Industrial Law Journal, Vol. 43, No. 3, September 2014 © Industrial Law Society; all rights reserved. For permissions, please e-mail: journals.permissions@oup.com. Recent c ase s c OMMenta RY a ddressing Disparate Impact: Indirect Discrimination and the Public s ector equality Duty 1. Introduct Ion Over three decades since its first articulation as a decisive step forward from the simple principle of equal treatment, the concept of indirect discrimination remains surprisingly fragile. Its emphasis on impact rather than treatment, its linkage of individual and group and its invitation to forward-looking and pre- emptive remedial action, remain challenging. For courts and practitioners, accus- tomed to the more familiar model of statutory torts which impose liability on one individual for damage caused to another individual, the temptation to re- introduce elements of the equal treatment model lurks just beneath the surface. It is therefore encouraging to see the Employment Appeal Tribunal (EAT) in Essop robustly reasserting the fundamental result-oriented nature of indirect discrimination, reversing the Employment Judge’s attempt to re-introduce indi- vidualised elements into the test. This reinforces Lady Hale’s valuable judgement in Homer, which stabilised the group-based orientation of indirect discrimina- tion in the face of the lower courts’ individualistic approach. This 
TI - Addressing Disparate Impact: Indirect Discrimination and the Public Sector Equality Duty
JF - Industrial Law Journal
DO - 10.1093/indlaw/dwu016
DA - 2014-09-23
UR - https://www.deepdyve.com/lp/oxford-university-press/addressing-disparate-impact-indirect-discrimination-and-the-public-C1xlBF1I4j
SP - 349
EP - 363
VL - 43
IS - 3
DP - DeepDyve
ER -