The issue of discrimination is central to legal practice in the fields of employment, human rights and public law. The Equality Act 2010 is underpinned by a framework of EU and international law.  It provides avenues of potential redress to individuals who perceive they have been treated unjustly on grounds of personal characteristics protected in law.  Yet equality law affects everyone.  It shapes our everyday experiences; regulates the labour market; and influences pay-rates, recruitment practices - even pensions.  Statutory rights and duties also enable citizens to hold the state to account. The legal prohibition of discrimination extends into private sector markets and governs access to public services.

This course considers important legal and philosophical questions about discrimination and the possibilities created by equality law.  Students will come to understand why discrimination is unlawful and the remedies available; the extent to which the law relating to discrimination promotes increased social equality; how and why equality law applies different standards in its attempts to protect different social groups from discrimination; and the circumstances in which discriminatory treatment might be justified as lawful.  At the end of the course, we will review the strengths and weaknesses of equality law and consider why inequality persists, despite the provision of statutory rights.

1. Present in a clear and rational manner some of the theoretical perspectives on discrimination and law
2. Explain the main principles, values and legal rules relevant to anti-discrimination legislation in England & Wales and describe some more complex legal rules, with reference to appropriate legal authorities
3. Identify social, economic, political and cultural issues relevant to the discrimination and equality debate
4. Outline the role of relevant European Union measures and the European Convention on Human Rights on discrimination law in the UK
5. Without prior instruction, use a range of set primary and secondary legal materials to identify the legal rules relevant to a particular legal problem or contemporary legal debate and any law reform proposals which might inform a written essay or oral discussion of a topic.
6. Build on a basic knowledge of a legal topic by independently identifying supplementary primary and secondary legal resources and applying them in a written essay.
7. Use appropriate legal research databases to identify independently relevant primary and secondary materials for the purpose of supplementing reading lists and taught materials.
8. Use official publications, academic research and commentaries presented in a variety of formats in the construction of an argument relevant to a contemporary legal debate.

A mixture of lectures and tutorials

Students completing the module will have practised and developed a variety of practical and transferable skills and should be able to:

1. Make a spontaneous or pre-prepared (coherent) oral contribution to a seminar group discussion on a taught topic, such contribution being substantiated by reference to primary and/or secondary materials and taking into account different perspectives
2. Prepare and give an oral presentation and provide clear and accurate supporting materials in an appropriate format.
3. Reflect on their own learning, identify gaps in their knowledge and describe the limitations imposed by knowledge gaps.
4. Use electronic methods for research and demonstrate general competency in IT skills when preparing and presenting written material.

This module is summatively assessed by means of an essay of 1500 words (25%), based on a topic excluded from the examination paper, and a 3-hour examination, requiring three answers from a choice of seven questions (75%)

There will be a mixture of problem and essay questions in the 3-hour examination.  The exam seeks to test students’ knowledge, understanding and ability to discuss and analyse relevant policy issues, rules, principles and doctrines in anti-discrimination law.

The essay requirements for the summative assessment will require students to demonstrate the ability to carry out their own research on discrimination and law issues.  All assessments will require students to demonstrate an ability to prioritise and critically assess issues of discrimination and law, to apply legal and policy principles and to reach a considered view of their application to the issues raised.

• Introduction I: Why is discrimination regulated in law?
• Introduction II: The meaning of discrimination and its historical forms
• Legal definitions I: Direct and indirect discrimination
• Legal definitions II: Harassment and victimisation
• Racial discrimination I
• Racial discrimination II
• Sex discrimination I
• Sex discrimination II (inc. positive discrimination and positive action)
• Access to goods, services and education
• Public sector equality duties
• Disability discrimination
• Age discrimination
• Equal Pay
• Human rights & discrimination I: Protection of religion and belief
• Human rights & discrimination II: Protection from discrimination for the lesbian, gay, transgender and bisexual community (LGBT)
• Revision: The strengths & weaknesses of equality law and why discrimination persists

Students will be advised to purchase two recommended textbooks.  Details of the recommended texts will be available at the beginning of the module.  In preparation of each tutorial, in addition to specified reading from the recommended textbooks, students are required to read specified cases, academic commentaries or articles or law commission reports.

Bob Hepple, Mary Coussey, Tufyal Choudhury, Equality: A New Framework. Report of the Independent Review of the Enforcement of UK Anti-Discrimination Legislation (Hart, 2000) – particularly Chapters 1 & 2.

Hugh Collins, ‘Discrimination, Equality and Social Inclusion’ (2003) 66 Modern Law Review 16.