Oxford University Press's
Academic Insights for the Thinking World

  • Author: Tarunabh Khaitan

Giving up on (indirect) Discrimination Law

Some readers might be surprised if told that one of the most significant cases on discrimination law generally, and race discrimination in particular, is likely to be decided by the Supreme Court before long.

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Indirect discrimination in US and UK law

The set of (relatively) liberal recent pronouncements from the United States Supreme Court features a judgment in Texas Department of Housing v Inclusive Communities Project(2015). The Court, by a slender majority, held that the Fair Housing Act 1968 prohibited not just disparate treatment (direct discrimination in UK law), but also disparate impact (indirect discrimination), based on race.

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