Grounding unlawful discrimination

Michael P. Foran

Research output: Contribution to journalArticlepeer-review

1 Citation (Scopus)
3 Downloads (Pure)


This article explores the necessary and jointly sufficient conditions for the recognition of a ground of unlawful discrimination. It is important not only to have a coherent understanding of the currently enumerated grounds, but also to have a theoretical framework that can assist in enumerating new grounds through the open-ended "other status"aspect of many legal frameworks. To that end, this article argues that personal characteristics that are generally morally irrelevant, and that are socially salient in that they carry with them a prevalence of inequality-laden attitudes, amount to necessary and jointly sufficient conditions for recognizing a ground of unlawful discrimination. Other conditions, such as immutability and the presence of relative group disadvantage, will be assessed and dismissed as contingent but not necessary conditions.

Original languageEnglish
Pages (from-to)3-34
Number of pages32
JournalLegal Theory
Issue number1
Early online date21 Feb 2022
Publication statusPublished - 1 Mar 2022


  • discrimination
  • equality
  • protected characteristics


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