Raphaële Xenidis, et al., “Multiple Discrimination in EU Anti-Discrimination Law: Towards Redressing Complex Inequality?” (2018)
This chapter unpacks the degree of engagement of EU law with the problem of multiple discrimination. To this end, it investigates the issue of multiple discrimination in the EU from three angles. The first shows how scholars and activists in the EU mainly framed multiple discrimination as a feminist issue and how this shaped EU law, prevailing over a transversal understanding pertaining to the whole range of protected grounds. The second reviews how multiple discrimination served as a rationale justifying the multi-ground approach that transformed EU anti-discrimination law in 2000. This section uncovers the gaps between legislation and policy and analyses the ongoing discussions of legal reform. Finally, the third takes a closer look at the CJEU jurisprudence and reveals some sensibility for the concerns raised by intersectionality theory, despite the absence of a targeted doctrinal framework to address claims of multiple discrimination.