A theory of discrimination law tarunabh khaitan presents a clear philosophical account and defence of discrimination law distinguishes between the purposive and the distributive concerns in the theory of discrimination law. More fundamentally the value of discrimination law is to be found in its enabling us all to lead flourishing lives part i gives a theoretically rigorous account of the identity and scope of discrimination law what makes a legal norm a norm of discrimination law what is the architecture of discrimination law. In chapter 3 we developed a two part definition of racial discrimination differential treatment on the basis of race that disadvantages a racial group and treatment on the basis of inadequately justified factors other than race that disadvantages a racial group differential effectwe focus our discussion on discrimination against disadvantaged racial minorities. Most laypersons think of discrimination as an act motivated by prejudice against a minority group the law in most cases prohibits as discriminatory a much broader category of actions it also encourages or demands affirmative action this tension calls for the justification of the legal approach to the regulation of discrimination providing this justification while also explaining the law . The following are the theories of discrimination that guide the eeo investigation and judges decisions eeoc decisions mspb decisions on discrimination aspects and ofo decisions all follow these well established legal theories formulated by years of the precedence setting cases codified in the american legal history
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