“Discrimination and Privilege” with Cécile Laborde
Summary
Hosts Emily McTernan and Geoff Howard interview Professor Cecile Laborde about whether white men can be discriminated against. Laborde argues that discrimination law should address structural inequality rather than mere disrespect or irrationality. She distinguishes between direct and indirect discrimination, suggesting protections depend on whether actions reinforce historical hierarchies. The discussion explores how this structural view impacts legal standing and the definition of wrongful treatment.
Topics discussed
Introduction: Can white men be discriminated against?
Defining discrimination and the paper's motivations
Critique of irrationality and disrespect theories
Why disrespect views fail to explain protected characteristics
Structural inequality as the basis for discrimination law
The two clauses of the structural theory
Direct discrimination and the case of white men
Affirmative action and rational discrimination
Legal pragmatism vs. moral foundations
Legal standing and the Canadian case example
Indirect discrimination and structural asymmetry
Religious discrimination: Hamad vs. Mba cases
The local and temporal nature of structural injustice
Conclusion and closing remarks
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