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Industrial Law Journal - vol. 40 n° 4 -

Industrial Law Journal

"The ‘protected characteristics' in the Equality Act 2010 can be described as metaphors of human attributes. Their content is limited to a single meaning of, for example, race or gender or age. This specificity has created a system of single-dimension ‘silos' within which complainants of discrimination must bring their situation in order to seek a remedy. This has reduced the flexibility and effectiveness of anti-discrimination law (ADL). The introduction of a remedy for intersectional discrimination in section 14 of the Equality Act demonstrates recognition that discrimination can arise from a combination, or intersection, of protected characteristics. However, closer examination suggests that the single-dimension logic of the silos underpins this new provision: it fails to centralise the synergy inherent in intersectionality. It is argued that decentralising synergy not only precludes a remedy for intersectional discrimination but also resurrects the silos under a new guise. More is required than modification of the existing model to address intersectional discrimination. I suggest a new vision for ADL which centralises synergy and thereby creates a holistic approach to remedying inequality."
"The ‘protected characteristics' in the Equality Act 2010 can be described as metaphors of human attributes. Their content is limited to a single meaning of, for example, race or gender or age. This specificity has created a system of single-dimension ‘silos' within which complainants of discrimination must bring their situation in order to seek a remedy. This has reduced the flexibility and effectiveness of anti-discrimination law (ADL). The ...

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