Recognition of Multiple Discrimination by the Courts

Abstract

This paper analyses how the concept of multiple discrimination has been recognised by the courts. It refers to cases where the confluence of various discriminatory factors was evident and yet none of the parties, nor the judge himself, alleged multiple discrimination. We will find cases in which at least one of the parties to the proceedings or the judge himself has alleged the circumstance of multi-causal discrimination, but the courts have judged the case by focusing the analysis on only one of the alleged cases of discrimination, or by denying the existence of multi-causal discrimination, or rejecting it on the grounds that the possibility of combining two grounds of discrimination was not legally provided for. And we will also see cases in which the confluence of discriminatory cases has fortunately been recognized by the courts as part of the same item, which points to a slight evolution in jurisprudence in the recognition of multiple discrimination as a unique form of discrimination and, therefore, to the effective fight against it.