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Rethinking Victimisation

Connolly, M (2009) Rethinking Victimisation Industrial Law Journal, 38 (2). ISSN 0305-9332

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In most western jurisdictions, discrimination law prohibits direct discrimination, indirect discrimination, and harassment, on protected grounds, such as race, sex, etc. Workers who use the legislation, or assist others to do so, need protection against retaliation by their employer. Accordingly, the legislation seeks to remove deterrents by creating a fourth instance of discrimination, known in Britain as victimisation. The statutory formulas are sparse, apparently providing employers no defence. Yet in some cases, courts sympathetic to the employer have strained the formula to provide what amounts to a benign motive defence. The result is an incoherent body of case law. This article explores the problem in Britain and the United States and attempts to settle upon a new statutory formula that would provide certainty and clarity, as well as fulfilling the ambition of the anti-victimisation doctrine.

Item Type: Article
Divisions: Faculty of Business, Economics and Law > Law
Depositing User: Symplectic Elements
Date Deposited: 17 Jun 2011 12:19
Last Modified: 08 Nov 2013 12:08

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