Discrimination and Equality at Work: a review of the concepts

By Manuela Tomei

Examines the notion of discrimination in law with reference to the ILO's Discrimination Convention 1958 (no 111).

The discussion covers not only direct and indirect discrimination grounded in the conventional legal categories of sex, race, disability, etc, but also the socially constructed notion of merit and the effects of "intersection" on individuals combining several identities targeted by discrimination. The second part looks at the conceptual and practical implications of different approaches to equality of treatment and opportunity, namely, individual justice, social justice, and equality as recognition of diversity.

(International Labour Review. Vol. 142, no. 4, 2003/4)