Can Normative Accounts of Discrimination Be Guided by Anti-discrimination Law? Should They?

In her recent book, Faces of Inequality (2020), Moreau aims at developing a normative account discrimination that is guided by the main features anti-discrimination law. The critical comment argues against this methodology, indicating due to indeterminacy relative their underlying principles, central norms cannot fulfill guiding role. Further, using content such guide ethical discussions likely be misleading, as it reflects evidentiary considerations are unique legal context. comment’s claims developed based on close examination indirect (or disparate impact) norms, and, such, have wider implications for ongoing moral and political debates heavily influenced these norms.