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Born Free and Equal?A Philosophical Inquiry into the Nature of Discrimination$
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Kasper Lippert-Rasmussen

Print publication date: 2013

Print ISBN-13: 9780199796113

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199796113.001.0001

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Indirect Discrimination

Indirect Discrimination

(p.54) { 2 } Indirect Discrimination
Born Free and Equal?

Kasper Lippert-Rasmussen

Oxford University Press

Chapter 2 explores the distinction between direct and indirect discrimination. The chapter takes its point of departure in a definition proposed by Andrew Altman and uses it as a springboard for a better one, which, among other things, does not involve the requirement that indirectly discriminatory acts have effects on discriminatees, i.e. those who are being discriminated against, that are in some sense disproportionate. The chapter also seeks to distinguish between inequalities that reflect indirect discrimination and inequalities that do not. It does so by tying indirect discrimination to the perpetuation of disadvantages resulting from past direct discrimination. More generally, it argues that indirect discrimination is asymmetrically parasitic on direct discrimination in that the former requires the (past) presence of the latter, but not the other way around.

Keywords:   Indirect discrimination, direct discrimination, historical injustice, group focus, proportionality, bias, Andrew Altman, intentions, distributive justice

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