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A Tale of Two Projects: Emerging Tension between the Public and Private Aspects of Employment Discrimination Law

Baker, A.

A Tale of Two Projects: Emerging Tension between the Public and Private Aspects of Employment Discrimination Law Thumbnail


Authors

A. Baker



Abstract

Zeal for curing the public ill of discrimination can lead to approaches that ignore the more private concerns of individual victims of discrimination. This article explains that the forward-looking project of changing society to eliminate inequality is quite a different project from that of providing accessible and effective individual remedies for discrimination victims. To that end, the nature and divergence of these two projects is described in abstract terms, and then concretely illustrated by reference to US employment discrimination law, where a clear conflict has evolved between the two. The article then traces the development of anti-discrimination law in Great Britain, and the subtly emerging tension between the two projects here. Finally, the article assesses the contemporary discourse on reform of equality law in Britain, and suggests how a new single equality act might drive for social change without eroding the benefits of the existing system for individual dispute resolution.

Citation

Baker, A. (2005). A Tale of Two Projects: Emerging Tension between the Public and Private Aspects of Employment Discrimination Law. International Journal of Comparative Labour Law and Industrial Relations, 21(4), 591-627

Journal Article Type Article
Publication Date Oct 1, 2005
Deposit Date May 9, 2007
Publicly Available Date Oct 14, 2016
Journal International Journal of Comparative Labour Law and Industrial Relations
Print ISSN 0952-617X
Publisher Kluwer Law International
Peer Reviewed Peer Reviewed
Volume 21
Issue 4
Pages 591-627
Publisher URL http://www.kluwerlawonline.com/abstract.php?area=Journals&id=IJCL2005028

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Copyright Statement
Reprinted from International journal of comparative labour law and industrial relations, 21(4), 2005, 591-627 with permission of Kluwer Law International.







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