ABSTRACT

This chapter provides elements with which to begin theorising about the potential recognition of everyday discrimination (ED) within anti-discrimination law (ADL). It outlines why the theme is appropriate for ADL to intervene. The chapter looks at some problems that such intervention would need to address. It offers some insights regarding the conceptual ability of the law to incorporate discriminatory speech as a justiciable harm. The chapter argues the recognition of harassment as dignitary harm within ADL may be used as a precedent for the legal recognition of ED. It shows the ability of the law to innovate in order to respond to existing harms nor the developments of appropriate remedies are closed. The chapter draws on literature, ADL legislation and jurisprudence from different jurisdictions. It explores some concepts at a doctrinal level from jurisdictions where they have been most saliently developed in order to show that ADL may have the conceptual space to accommodate ED.