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Open research questions in Discrimination and Equality Law

49 unresolved questions extracted from the limitations and future-work sections of 2,829 Discrimination and Equality Law papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • Among others, it required Member States to establish equality bodies, which, given the institutional autonomy, vary significantly across jurisdictions: from bodies with competences limited to advisory and promotional functions, to those empowered to make substantive decisions, as well as institutions combining elements of both (Kádár, 2018, p.

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

  • 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

  • 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 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

  • We describe how language barriers, cultural differences, vulnerable legal status, precarious economic status, newness in the host country and job, lower education and skill levels, and discrimination all generate vulnerabilities that are embodied as poor working conditions, limited knowledge of health and safety, impeded communication with employers and service providers, detrimental behaviours towards risks or health, and constrained agency.

    Mechanisms of inequalities in health and safety : conceptual model and research agenda · 2014 · DOI

  • This raises the question: When the requisite harm occurs, but the necessary mental state is lacking, how should we go about trying to remedy the harm suffered by plaintiffs? These questions are complex and largely involve normative conceptions of how we view the law as a tool for social change and remedial action.

    The Next Generation of Disparate Treatment: A Merger of Law and Social Science · 2013

  • The target group was represented by the college students from Timisoarathat had to answer to the following open question: “Please illustrate by an example the main form of discrimination that you know” We investigated a group of 347 participants coming from theoretical colleges, aged between 14/15 and 18/19 years old, both sexes.

    About Discrimination among Pupils from Timisoara · 2013

  • The article addresses this gap in the literature by first examining how employee voice is used to explain and critique workplace practices in the dominant and emerging employment relations scholarship, and then critically considering how dominant legal theories refer to and confine understandings of employee participation.

    Perspectives of legal regulation and employment relations at the workplace: Limits and challenges for employee voice · 2013 · DOI

  • ls In doing so, one court noted that back pay under the ADA and Title VII is an open question, but it inferred from the 1991 Civil Rights Act's exclusion of back pay from compensatory damages that Congress intended to exclude a right to a jury trial.

    Asserting the Seventh Amendment: An Argument for the Right to a Jury Trial when Only Back Pay is Sought Under the Americans with Disabilities Act · 1999

  • Further research is needed to determine the extent to tatively different. Further research is needed to determine the extent to which key force requirements and FR requirements have similar effects which key force requirements and FR requirements have similar effects in other experimental settings.

    Effects of Response Effort on Discrimination Performance · 1971 · DOI

  • 24 Systematic linkages between manpower programs and civil rights com- pliance have not been established in Boston, although the MCAD is now talking of encouraging such linkages.

    Equal Employment Opportunity in Boston · 1970 · DOI

  • A great deal yet remains to be done to explore the various aspects of the matter and to bring the results of this exploration home to those responsible for the moulding of public policy. Any and all other factors which exert an integrating or dis- integrating influence should be studied.

    How proportional representation can aid prejudice · 1968 · DOI

  • The paper argues that criminal intervention should be limited to the most serious discriminatory acts, particularly those involving physical or psychological violence, complementing existing civil remedies and ensuring effective protection of victims.

    Protection against Discrimination through Criminal Law · 2026 · DOI

  • The commitment to substantive equality inevitably requires that the scope of grounds for discrimination should extend beyond their traditional role, which is limited to the evaluation and establishment of prohibited unfavourable treatment under non-discrimination law.

    Inadequacy of Weaker Party Protection in Relation to Substantive Equality: A Capabilities Approach to Grounds for Discrimination and the Privatization of Disability Services* · 2025 · DOI

  • This article presents an alternative perspective, arguing that there is insufficient legal protection from menopause discrimination, with it fitting poorly within age, sex, and/or disability discrimination, and there being no facility for intersectional claims.

    A bloody mess? UK regulation of menopause discrimination and the need for reform · 2024 · DOI

  • Finally, we introduce two underexplored insights derived from Schutz’s framework: the role of relevances in understanding the motivational underpinnings of implicit biases, and the connection between self-typification and stereotype threat.

    Discriminatory Types and Homogenising Relevances: A Schutzian Perspective on Oppression · 2024 · DOI

  • The study provides mixed evidence suggesting that the negative effect of disclosing a history of mental health problems on employers' hiring decisions does not vary with company size, whereas discrimination against wheelchair users occurs less often in large companies.

    Do Large Employers Discriminate Less? An Exploration of Company Size Variation in Disability Discrimination Based on Data from two Field Experiments · 2022 · DOI

  • Furthermore, justice theory proposes that both types of perceived unfairness—underreward and overreward—cause distress, but evidence on overreward from representative survey data is scarce and laboratory studies have produced mixed results.

    Fairness of earnings in Europe: the consequences of unfair under- and overreward for life satisfaction · 2022 · DOI

  • However, due to a lack of experimental research, little is known about the presence of discrimination in marketized welfare services and of the potential drivers of such biased treatment.

    Discrimination in marketized welfare services: a field experiment on Swedish schools · 2022 · DOI

  • These findings add to the still limited literature on the relationship between public opinion on immigrants (here proxied by the referendum vote) and the levels of ethnic discrimination recorded in field experiments.

    London Calls? Discrimination of European Job Seekers in the Aftermath of the Brexit Referendum · 2021 · DOI

  • Although observational research and laboratory experiments provide indicative evidence of its existence, few studies have used randomized field experiments such as correspondence studies to investigate the occurrence of disability discrimination.

    Disability Disadvantage: Experimental Evidence of Hiring Discrimination against Wheelchair Users · 2021 · DOI

  • First, because a majority of European correspondence experiments have relied solely on applications with male aliases, there is limited evidence on the way gender and ethnicity interact across different occupations.

    Experimental Evidence of Discrimination in the Labour Market: Intersections between Ethnicity, Gender, and Socio-Economic Status · 2018 · DOI

  • This study additionally adds to the growing body of mixed results around the impacts of ethnic identity, particularly for Latinxs, as it does not protect against the effects of discrimination for the current sample.

    The New Juan Crow? Unpacking the Links Between Discrimination and Crime for Latinxs · 2017 · DOI

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49 open questions have been extracted from the limitations and future-work passages of 2,829 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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