Justifying Indirect Discrimination in English and American Law: How Stringent Should the Test Be?

Abstract

Because British anti-discrimination legislation is significantly based on the American precedent contained in Title VII of the Civil Rights Act 1964, it is instructive to compare judicial developments in the two countries. This article argues, first, that the standard of justification imposed in America in indirect discrimination cases is less strict than has often been asserted; and, secondly, that there are sound legal and policy reasons why a standard less than literal necessity is appropriate.