Shall I Compare Thee? The Legal Dilemma
The Choice of Comparators in Discrimination Cases
Bibliographic Data
| ID | 12573279 |
|---|---|
| Authors | Sam Middlemiss (School of Public Administration and Law, The Robert Gordon University, Aberdeen, UK, corresponding author) |
| Year | 2000 |
| Volume | 4 |
| Issue | 3 |
| Pages | 293-317 |
| Publication date | 2000-09-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Discrimination and the Law (JOURNAL) |
| Journal identifiers | ISSN: 1358-2291 • E-ISSN: 2047-9468 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/135822910000400304 |
| OpenAlex | W2118593738 |
| Language | EN |
| References cited | 4 |
There have been remarkable developments in some areas of discrimination law in the United Kingdom over recent years along with a notable lack of development in other areas with both relative success or failure (in terms of extending the protection of the law) often being determined by the appropriate comparator which can be used in presenting a claim for discrimination and/or the influence and constraints of rules set down in UK and European Community Legislation. It is contended that a lack of uniformity of approach to these issues both hinders and helps the equality cause. It hinders by presenting uncertainty about the appropriate comparator in these cases and helps where the law recognises uniformity of approach in determining comparators across differing kinds of equality cases is both illadvised and inappropriate. It is contended in this article that reform of the areas of law where protection is weak or badly-structured is best served by borrowing from approaches in the better protected areas of UK discrimination law or from strategies utilised in other jurisdictions. In the interests of brevity and consistency of argument and analysis it has been necessary to refrain from considering this issue as it relates to equal pay
Argument (complex analysis · Comparator · Consistency (knowledge bases · Dilemma · Epistemology · Law and economics · Legislation · Political science · Set (abstract data type · Sociology · Computer Science · Discrimination and Equality Law · Engineering · Law · Philosophy
| Highly cited | No |
|---|