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10 Int'l J. Discrimination & L. 1 (2009)

handle is hein.journals/ijdisclw10 and id is 1 raw text is: International Journal of Discrimination and the Law, 2009, Vol. 10, p. 1 1358-2291/2009 $10 C) 2009 A B Academic Publishers. Printed in Great Britain EDITORIAL In this issue the primary focus is on the concept of equality in European Union law. Jane Mair examines the definition of direct discrimination in the new EU equality provisions. Mair argues that prior to the new equality provisions, there was more flexibility to develop direct discrimination and the principle of equality within ECJ jurisprudence, so although the new definition offers consistency, it may also have the disadvantage of inflexibility. Mair also argues that some of the problems highlighted by ECJ decisions have not been addressed in the statutory definition, including problems with the scope and nature of the comparative model. Erica Howard considers whether there is a fundamental right to equal treatment or non-discrimination within the EU legal context, with reference to recent jurisprudence, the Equality Directives and the Charter of Fundamental Rights. While the principle of equality and non discrimination is a fundamental principle of community law, Howard argues that this does not mean that there is an inalien- able and universal human right to non-discrimination. Given the limited scope of the Article 13 Equality Directives and the restric- tions relating to nationality, there are still gaps in the protection against discrimination although there has been considerable progress towards a fundamental right to equality. Sam Middlemiss reviews the issue of whether employers should be vicariously liable for sexual harassment perpetrated by third parties against their employees, an issue only recently decided by the courts. Middlemiss considers whether the question has been resolved satisfactorily in the light of recent changes in UK law on this issue, and discusses the implications of these changes for UK employers. As he points out, the rights provided to employees harassed by third parties are still less favourable than the rights of those harassed by employers, managers or colleagues.

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