2020
DOI: 10.1177/1358229120927947
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The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law

Abstract: European Union (EU) anti-discrimination law has developed under a mostly formal, procedural Aristotelian approach to equality, driven by seminal European case law and incorporated into a body of EU non-discrimination directives. The academic literature has criticized this approach as formalistic and static (Formal equality, non-discrimination and European Union (EU) law section). Against this backdrop, this article explores how the Court of Justice of the EU (CJEU) embraces substantive equality dimensions of n… Show more

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Cited by 16 publications
(1 citation statement)
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“…In the first case, the detrimental outcome is based on prohibited features. In the second case, such an outcome is based on apparently neutral features, criteria, and practices (Barocas and Selbst 2016;De Vos 2020) the consideration of which disproportionately affects a protected group, without an acceptable rationale (see Friedman and Nissenbaum 1996).…”
mentioning
confidence: 99%
“…In the first case, the detrimental outcome is based on prohibited features. In the second case, such an outcome is based on apparently neutral features, criteria, and practices (Barocas and Selbst 2016;De Vos 2020) the consideration of which disproportionately affects a protected group, without an acceptable rationale (see Friedman and Nissenbaum 1996).…”
mentioning
confidence: 99%