Equality's False Summits: New Varieties of Disability Discrimination, "Excessive" Equal Treatment and Economically Constricted Horizons

C. O'Brien

Equality's False Summits: New Varieties of Disability Discrimination, "Excessive" Equal Treatment and Economically Constricted Horizons

Law

Research output: Contribution to journal › Article › peer-review

Abstract

Explores developing concepts of discrimination in the context of the economic basis for EU anti-discrimination law, suggesting that if equal treatment is seen primarily by reference to economic objectives it may be subject to artificial caps, or "false summits". Examines approaches to the difference principle and the implications for indirect discrimination. Discusses discrimination by association, declaratory discrimination, and discriminatory duties of disclosure arising through the use by employers of pre-appointment medical questionnaires.

Original language	English
Pages (from-to)	26-50
Number of pages	25
Journal	European law review
Volume	36
Issue number	1
Publication status	Published - 2011

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O'Brien, C. (2011). Equality's False Summits: New Varieties of Disability Discrimination, "Excessive" Equal Treatment and Economically Constricted Horizons. European law review, 36(1), 26-50. http://login.westlaw.co.uk/maf/wluk/app/document?&src=ri&docguid=I2652947034C611E0A0B29DC7DB0F6DDD&refer=%2Fmaf%2Fwluk%2Fapp%2Fdocument%3Fcrumb-action%3Dappend%26docguid%3DI7C125A4034D911E094229D0D2916C691%26src%3Dtoce%26context%3D3&crumb-action=append&context=4

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title = "Equality's False Summits: New Varieties of Disability Discrimination, {"}Excessive{"} Equal Treatment and Economically Constricted Horizons",

abstract = "Explores developing concepts of discrimination in the context of the economic basis for EU anti-discrimination law, suggesting that if equal treatment is seen primarily by reference to economic objectives it may be subject to artificial caps, or {"}false summits{"}. Examines approaches to the difference principle and the implications for indirect discrimination. Discusses discrimination by association, declaratory discrimination, and discriminatory duties of disclosure arising through the use by employers of pre-appointment medical questionnaires.",

author = "C. O'Brien",

year = "2011",

language = "English",

volume = "36",

pages = "26--50",

journal = "European law review",

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O'Brien, C 2011, 'Equality's False Summits: New Varieties of Disability Discrimination, "Excessive" Equal Treatment and Economically Constricted Horizons', European law review, vol. 36, no. 1, pp. 26-50. <http://login.westlaw.co.uk/maf/wluk/app/document?&src=ri&docguid=I2652947034C611E0A0B29DC7DB0F6DDD&refer=%2Fmaf%2Fwluk%2Fapp%2Fdocument%3Fcrumb-action%3Dappend%26docguid%3DI7C125A4034D911E094229D0D2916C691%26src%3Dtoce%26context%3D3&crumb-action=append&context=4>

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AB - Explores developing concepts of discrimination in the context of the economic basis for EU anti-discrimination law, suggesting that if equal treatment is seen primarily by reference to economic objectives it may be subject to artificial caps, or "false summits". Examines approaches to the difference principle and the implications for indirect discrimination. Discusses discrimination by association, declaratory discrimination, and discriminatory duties of disclosure arising through the use by employers of pre-appointment medical questionnaires.

M3 - Article

SN - 0307-5400

VL - 36

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EP - 50

JO - European law review

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