The Point of Discrimination Law
In this chapter, I will argue that the primary purpose of discrimination law is to secure to us an aspect of freedom that is essential in order to live a flourishing life. In order to enjoy this freedom, we all need a secured access to a sufficient amount of four basic goods: (a) a set of goods that satisfy our biological needs, (b) negative freedom, (c) an adequate range of valuable opportunities, and (d) an appropriate level of self-respect. Membership of certain types of groups—groups (say women) that suffer substantial, pervasive, and abiding relative disadvantage compared with their cognate groups (in this case, men)—imperils our secured access to the last three of these goods. Discrimination law, in seeking to protect members of such groups by trying to break the nexus between group membership and relative disadvantage, aims to improve our access to the basic goods, and thereby make us more free.