Chapter

Discrimination and Labour Law: Locating the Market in Maldistribution and Subordination

Noah D Zatz

in Philosophical Foundations of Labour Law

Published in print December 2018 | ISBN: 9780198825272
Published online February 2019 | e-ISBN: 9780191863998 | DOI: https://dx.doi.org/10.1093/oso/9780198825272.003.0009

Series: Philosophical Foundations of Law

Discrimination and Labour Law: Locating the Market in Maldistribution and Subordination

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Labour law doctrine has fully incorporated discrimination, but labour law theory has not. Market ordering is labour law’s villain, but employment discrimination theory often casts market ordering as a victim needing rescue from employers’ irrational judgements or non-economic motivations. This chapter traces the tension by examining the place of bilateral employee–employer relationships in both domains, including alternatives that adopt divergent structural perspectives on, for instance, capitalism and white supremacy. An example of bridging the divide by decentring the market is offered....

Keywords: labour law; direct discrimination; indirect discrimination; labour markets; non-market work; race; distributive justice; racial capitalism

Chapter.  11098 words. 

Subjects: Employment and Labour Law

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