Perceived Disability Discrimination and the Deficient Equality Act: Interpretive and Legislative Remedies
本文指出英国《2010年平等法》在应对感知到的残疾歧视方面存在缺陷,并提出了司法解释和立法改革两种补救路径。
Abstract The Equality Act 2010 was intended to extend its cover to perceived discrimination, such as dismissing a turbaned Sikh barista under pressure from customers mistaking him for a Muslim. Such mistakes are rooted in stereotyping, fear and prejudice. Disability discrimination is particularly prone to these attitudes, but the Act’s inadequate drafting renders perceived disability discrimination claims exceptionally difficult. This paper suggests some innovative interpretive solutions, but ultimately recommends statutory reform.