{"DOI":"10.1093/oso/9780198825272.003.0009","abstract":"
Labour law doctrine has fully incorporated discrimination, but labour law theory has not. Market ordering is labour law's villain, but employment discrimination theory often casts market ordering as a victim needing rescue from employers' irrational judgements or non-economic motivations. This chapter traces the tension by examining the place of bilateral employee\u2013employer relationships in both domains, including alternatives that adopt divergent structural perspectives on, for instance, capitalism and white supremacy. An example of bridging the divide by decentring the market is offered. This occurs through a unified account of direct and indirect discrimination grounded in liberal egalitarian thought. Although addressed to the distribution of economic opportunity generally, the particulars of this account require interventions in discrete employee\u2013employer relationships. Also considered is how the argument's form\u2014in which idealised market ordering is fundamental neither to the problem nor the solution\u2014might extend to labour law's concerns with workplace subordination, not only distribution.
","author":[{"family":"Zatz"}],"id":"unknown","issued":{"date-parts":[[2018,12,12]]},"page-first":"156","publisher":"Oxford University Press","title":"Discrimination and Labour Law: Locating the Market in Maldistribution and Subordination","type":"chapter"}