Anti-Discrimination Law and Economic Inequalities

A number of scholars and civil society actors criticize anti-discrimination law arguing that it neglects the fundamental problem of socio-economic inequalities and rests on an overly narrow notion of equality compared to the one underlying classic (re)distributive policies. This chapter discusses this critique. It argues that while this critical view usefully highlights some of the limitations of anti-discrimination law, such limitations do not mean that anti-discrimination law and (re)distributive policies are in conflict with each other and that a choice needs to be made between them. Part I of the chapter sheds light on how each of these legal and policy instruments relates to the ideal of equality. It shows that anti-discrimination law and (re)distributive policies address a different kind of inequality and operate through different tools. Yet, there are important points of juncture between them. Part II explores one important avenue to build a bridge between anti-discrimination law and concerns for economic inequalities, which is the inclusion of socio-economic disadvantage among prohibited discrimination grounds. The chapter concludes that both anti-discrimination law and (re)distributive policies can be said to rely on a partial, and incomplete, vision of equality. Accordingly, it is essential to combine rather than oppose them: both discrimination and economic inequality need to be adequately tackled if we are to foster a more equal society