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Open research questions in Discrimination and Equality Law

208 unresolved questions extracted from the limitations and future-work sections of 2,864 Discrimination and Equality Law papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • The paper identifies a gap in the understanding of the role of legal origins in shaping labor regulations. The study aims to address the gap by exploring the consequences of labor regulations on labor market outcomes. The paper revisits the central propositions of Botero et al. (2004) using newly developed and updated measures of labor regulations.

    Legal origins, labor regulations, and labor market outcomes · 2025 · DOI

  • First, we resolve contradictory findings on intersectional discrimination in existing research.

    Is There Intersectional Labor Market Discrimination? · 2025 · DOI

  • normatively regards inappropriate, fairness considerations such a perspectivl to frame the moral dimensions of ;Ic- makes incorporating them as arguments a il counting accountants problems, the influence is not entirely positive. of academic ‘(I Yet the ap of these methods and underlining them to the the value task of LUI- accounting continues to go largel~~ but the forms sion usefulness question concerns in rationalizing the role of deci- fimc- the social tion of accounting. der ( 1980, p. 17) suggcstcd For example, Dopuch that 8r Sun- the FASH’s con- ceptual features framework decision project, which prominently judgement models of systems design very dil ficult. Permitting tions may not the “improve” inclusion of moral accounting cogni system: it may help to improve our understanding c actually taken by those systems. Finally. concern with for semantic cations fairness may have impli interpretations of accounl ing. Numbers supply. Accountants are only a part ofwhat also label those accountant number: and what the meanings of those labels any conceptual framework are ultimate1 could hope tl usefulness, may be mcrcly 3 dc- accomplish.

    The legitimate concern with fairness · 1987 · DOI

  • This type of monitoring can pinpoint areas which need to be investigated further to ensure that discrimination has not occurred. If discrimination in recruitment is to be removed completely, in the interim at least, recruitment arrangements need to be examined thoroughly and all those involved in selecting staff must be aware of the ways in which discrimination can occur and be active in finding ways of challenging potentially unfair and unlawful or less favourable treatment.

    Removing Discrimination in Recruitment · 1987 · DOI

  • is to facilitate rational economic de- practice of accounting, as well as to the produc- cision making in a market context that leads to tion of accounting research.” The Committee on more efficient allocation of resources. But efft-

    The legitimate concern with fairness · 1987 · DOI

  • First, reflecting strategy in regards to the problem situation, we noted that the types of information to be disclosed can vary widely, and can call for different disclosure strategies.

    Affirmative Disclosure at the FTC: Strategic Dimensions · 1986 · DOI

  • The complexity of the EU legislative framework. The need to evaluate tax system equity through a gendered lens. The limited practical impact of the CFR on VAT-related matters.

    Lost in Translation: Gender Equality and the Interplay of the Equal Access and VAT Directives · 2026 · DOI

  • The lack of concrete protections for gender equality despite the abundance of secondary legislation. The limited practical impact of the CFR on VAT-related matters.

    Lost in Translation: Gender Equality and the Interplay of the Equal Access and VAT Directives · 2026 · DOI

  • The lack of similar findings in international law where cases challenging xenophobic discrimination in Denmark have rarely succeeded. The need for a more satisfactory interpretation of the law to address xenophobia in EU law.

    Addressing Xenophobia in EU Law: Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge (C-417/23) · 2026 · DOI

  • The paper identifies a gap in the current understanding of the implications of the US Supreme Court's decision to ban affirmative action in universities. The decision has significant implications for liberal democracies and their legitimacy claims.

    Zurück in die 1950er Jahre. Die Abschaffung von affirmative action an Hochschulen durch den U.S. Supreme Court · 2026 · DOI

  • There is a lack of recent and representative data on the prevalence of discriminations and gender-based violence in Switzerland. Prior work has shown that these phenomena are underreported.

    Discriminations et violences de genre en Suisse analysées au prisme de l’hétérosexisme · 2026 · DOI

  • The composition of the universe of all bureaucrats per country is unknown, so the representativeness of the samples cannot be assessed. The study excludes teachers, university faculty, and police officers, as their professional duties differ markedly from the kinds of administrative decision-making processes being studied.

    Identity- versus effort-based bureaucratic discrimination among mobile European Union citizens: Evidence from conjoint experiments · 2026 · DOI

  • The paper identifies a gap in the understanding of the principle of non-discrimination in the digital age. There is a need for a systemic approach to the interpretation of norms and the adoption of a Digital Rights Charter.

    The Non-Discrimination Principle as a General Principle of the EU in the Digital Age · 2026 · DOI

  • The transition to the digital age has exacerbated certain discriminatory behaviours. There is a need to balance the protection of equality of opportunity with the limitations of criminal law.

    Protection against Discrimination through Criminal Law · 2026 · DOI

  • There is a need to examine the impact of digitalization on contemporary forms of discrimination. There is a lack of cases addressing discrimination at the national jurisprudential level.

    Protection against Discrimination through Criminal Law · 2026 · DOI

  • The power imbalance between perpetrators and victims in systems based on individual complaints. The lack of clear delineation of competencies between equality bodies and courts.

    Procedural Paths to Human Dignity: Enforcing the Prohibition of Discrimination in Slovenia and Beyond · 2026 · DOI

  • The study identifies a gap in the regulation of relationships between equality bodies and other state authorities. The paper highlights the need for harmonisation of standards for equality bodies.

    Procedural Paths to Human Dignity: Enforcing the Prohibition of Discrimination in Slovenia and Beyond · 2026 · DOI

  • The lack of transparency in AI and ML decision-making processes. The need for technical processes to audit model behaviour and mitigate measurable disparities.

    Fairness and transparency in ML: a methodological framework · 2026 · DOI

  • The paper identifies a gap in the understanding of the statistical structure of MAIHDA and its interpretation in the context of intersectionality. The paper highlights the limitations of MAIHDA in reflecting the observed population. The paper argues that there is a need to view MAIHDA as a descriptive tool that highlights stratified heterogeneity, while remaining open to multiple theoretical interpretations.

    Reweighting intersectionality: Statistical and epistemic alignment in intersectional MAIHDA · 2026 · DOI

  • By structuring individuals into intersecting social categories (strata), and modeling both within- and between-stratum variation, MAIHDA offers a way to quantify stratum-level heterogeneity while mitigating issues of sparse data through partial pooling.

    Reweighting intersectionality: Statistical and epistemic alignment in intersectional MAIHDA · 2026 · DOI

  • To this end, the theory of reproduction codes, which is considered to offer a wider range of explanations than prominent habitus theories, but is as yet little known, are used to discuss an alternative interpretation of Gomolla and Radtke’s (2009) empirical findings, also due to the fact that, in contrast to Luhmann’s theory, it develops a dialectical-materialistic concept of code.

    Different reproduction codes as a cause of institutional discrimination against certain milieus of migrant children · 2021 · DOI

  • This legal solution is accompanied by a number of open questions, especially as the participants in public announcements and job advertisements procedures in special employment regimes enjoy the two instance internal protection in the same situation, which calls into question the effective application of the principle of equality before the law.

    Protection of jobseekers participating in job announcements and advertisements, and the right to an effective remedy in the general employment regime · 2020 · DOI

  • In our preferred estimates that are weighted to be representative of the workforce, we find evidence that there is less discrimination against older men and women in states where age discrimination law allows larger damages, and more limited evidence that there is lower discrimination against older women in states where disability discrimination law allows larger damages.

    Do State Laws Protecting Older Workers from Discrimination Reduce Age Discrimination in Hiring? Evidence from a Field Experiment · 2019 · DOI

  • It has established that there is no consensus in matters of (un)equal treatment of men and women in criminal sentencing in Europe, but has failed to address a more significant issue - is exemption of an entire sex justifiable and reasonable, even in the absence of the afore consensus at European level.

    Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik · 2019 · DOI

  • It argues that these transitions have transformed the theory of intersectionality rather than anti-discrimination law, with the consequence that black women remain eclipsed as legal subjects and thus legal protection for black women workers remains elusive in the UK and Europe.

    Intersectionality in the UK: Between the american paradigm and the European paradox · 2016 · DOI

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208 open questions have been extracted from the limitations and future-work passages of 2,864 Discrimination and Equality Law papers in our library. Each one below links back to the study that raised it, so you can read the original claim in context.

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