ABSTRACT
Different concepts of discrimination reflect different social goals and philosophies and thus are generally the products of legal positivists, although it cannot be denied that there is a general sense of justice underlying all concepts of discrimination. On the one extreme, some believe that only overt intentional discrimination should come under legal scrutiny. Lord Woolf CJ has stated: ‘To regard a person as acting unlawfully when he had not been motivated either consciously or unconsciously by any discriminatory motive is hardly likely to assist the objective of promoting harmonious racial relations.’2 At the other end of the scale, there are demands for quotas. The profile of a businesses’ staff should reflect the profile of the community in which it exists. This has been labelled a ‘fair share’ theory or ‘unalloyed’ discrimination law.3
