Multiple discrimination in the world of work by Prof. Colleen Sheppard, Faculty of Law, McGill University & Director, Centre for Human Rights and Legal Pluralism
The traditional approach adopted in legislation, and in the institutional arrangements, is to address discrimination based on single specific grounds. This remains highly relevant. Human identity, however, is complex and an individual might be discriminated against because of his or her particular identity, which may combine a number of grounds for discrimination. This paper refers to the realities of additive, compound and intersectional forms of discrimination. There is now a gradual trend towards a wider recognition of multiple discrimination as a legal concept in itself. Difficulties in defining, measuring and addressing such types of discrimination necessitate further legal and policy developments. A number of national and international initiatives are mentioned in this paper as regards legislation and national policy, adjudicating multiple discrimination cases and cross-constituency organizing. One of the approaches explored is to look beyond the traditional comparator group analysis, which is well suited to address discrimination based on a single ground but not always able to capture multiple discrimination. The traditional institutional remedies, such as affirmative action, also render themselves more to addressing inequalities resulting from discrimination on a single ground.
approaches to anti-discrimination law failed to capture the lived realities of inequalities linked to gender, race and ethnicity. Given the early importance of racial and sexual equality rights movements, it is not surprising that the concept of multiple discrimination first emerged to
describe the complex interplay of racial and gender inequalities. More recently, persons with disabilities, indigenous peoples, members of religious minorities, members of the LGBT community, the elderly and youth have also been increasingly vocal about how their experiences of disadvantage and exclusion are deeply affected by the multiple dimensions of their identity. Thus, many forms of multiple discrimination are becoming more widely
recognized (e.g. disability and age, religion and age, race and disability, ethnic origin, religion and sexual orientation). Economic vulnerability and social class also impact upon the
multidimensional and complex character of discrimination.