(b) The new definition and causation : As seen above, the new definition opens the way to challenges to subjective employment practices and perhaps even some ‘result-only’ cases, brought largely, or purely, on statistical evidence. Causation will often be a major issue in these cases. Once again, the American experience can give some guidance on how the law may develop here.

doi:10.4324/9781843145585-49

Chapter

ABSTRACT

As seen above,79 the new definition opens the way to challenges to subjective employment practices and perhaps even some ‘result-only’ cases, brought largely, or purely, on statistical evidence. Causation will often be a major issue in these cases. Once again, the American experience can give some guidance on how the law may develop here.