engleski

The cost of non-discrimination

At the first sight, one could argue there are no interrelation between economics and anti- discrimination law. However, there are several examples in the recent legal history where economic reasons served as impetus for development of anti-discrimination law (in the EU and USA). In the contribution, theoretical understanding of the connections between economics and non- discrimination law has been explained. After this, the economic justifications of discrimination in both: the EU legislation and the case law has been elaborated. The central issues raised in this context is who should bear the costs of non- discrimination (the state or the employer?). The burden of cost of non-discrimination in Croatian law has been analysed. Finally, the author concludes that the transparent and well formulated policy and legislation on burden of costs of non- discrimination is able to persuade employers not to discriminate against.

cost, non-discrimination, market rationality, economic justifications

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