9 Int'l J. Discrimination & L. 1 (2007-2008)

handle is hein.journals/ijdisclw9 and id is 1 raw text is: 





International Journal of Discrimination and the Law, 2007, Vol. 9, p. 1
1358-2291/2007 $10
0 2007 A B Academic Publishers. Printed in Great Britain

EDITORIAL


A relatively new area of discrimination is considered in this issue,
namely genetic discrimination, which is the differential treatment
of asymptomatic individuals on the basis of their genetic risk
status. Margaret Otlowski et al. report on the findings of a recent
research study in Australia which examined the use of the legal
system to provide redress for alleged instances of genetic discrimina-
tion. The study found a very low take up of remedies. This is
attributed to a number of factors, including lack of awareness of
legal rights, concerns over the financial costs of litigation and fears
of possible future victimisation. In the light of this, the authors
recommend increasing public awareness of the remedies and pro-
cedures and amending the relevant law.
     Michael Connolly focuses on the UK and the United States in
discussing the best model for analysing direct discrimination
claims. He examines the use of the 'but for' and discriminatory
motive tests, both of which, he argues, are unsatisfactory. The rele-
vant case law is reviewed. Connolly argues instead for a purposive
approach.
     An area of discrimination which has been under-researched is
the problem of age harassment. Sam Middlemiss focuses on this
specific issue in the light of the new age discrimination Regulations
which became law in October 2006. He considers the issues which
may arise in implementing the Regulations in the UK, and also
discusses how the problem of age discrimination has been addressed
in the United States, and the problems which have arisen there in
applying age discrimination legislation to harassment cases.

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