Anti-discrimination legislation in the US, Canada, South Africa and India: a comparative analysis

The study begins with a brief description of the historical and social context of each of the jurisdictions. US equality law has been fundamentally influenced by its history of slavery; Indian law by the heritage of caste; South Africa by the need to heal the wounds of apartheid; and Canada by its linguistic and First Nations minorities. Part II further details sources of equality law. Part III considers the protected characteristics or grounds in each jurisdiction whereas Parts IV and V of the report examine the material and personal scope of equality laws. Part VI provides definitions of equality as in all four jurisdictions, there has been an important recognition that equality means more than treating likes alike. Affirmation and justifications are addressed in Parts VII and VIII. Finally the conclusion briefly sketches the similarities and difference between EU law and the four jurisdictions examined in the report, focussing on sources of EU non-discrimination law, grounds, coverage, who is bound, definitions of equality including affirmative action, and justification defences. It should be noted that the report does not cover remedies, enforcement mechanisms, or equality bodies.