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DISCRIMINATORY MOTIVE AND THE BUT FOR TEST: THE PROPER APPROACH TO DIRECT DISCRIMINATION IN BRITAIN AND THE UNITED STATES.
- Source :
- International Journal of Discrimination & the Law; 2007, Vol. 9 Issue 1, p37-56, 20p
- Publication Year :
- 2007
-
Abstract
- In recent years, senior judges in Britain have signalled a departure from the long-established but for test used for direct discrimination cases. They appear to favour instead that the defendant held a discriminatory motive, or even hostility, for liability. In the United States, courts have settled upon a requirement for discriminatory motive, but afforded it such a broad interpretation that is scarcely distinguish- able from the but for model, and is a convenient, if inaccurate label. This paper aims to demonstrate, using seven kinds of direct discrimination case, that neither a discriminatory motive doctrine, nor the but for test, are suitable models to analyse direct discrimination claims, and that the proper approach is a simple purposive interpretation of the statutory formula provided in both the UK and the US. [ABSTRACT FROM AUTHOR]
- Subjects :
- PAPER
DISCRIMINATION (Sociology)
HOSTILITY
DOGMA
STATUTES
COURTS
LEGAL liability
Subjects
Details
- Language :
- English
- ISSN :
- 13582291
- Volume :
- 9
- Issue :
- 1
- Database :
- Supplemental Index
- Journal :
- International Journal of Discrimination & the Law
- Publication Type :
- Academic Journal
- Accession number :
- 26458180
- Full Text :
- https://doi.org/10.1177/135822910700900103