Mr Michael Connolly

Research Interests

Michael Connolly’s primary interest is in the discrimination laws of the United Kingdom, the European Union, the United States, Canada, and Australasia. He speaks regularly on this subject in Britain and the United States. Michael has published many papers on the comparative discrimination law and written two books on the subject.

Publications

RECENT PUBLICATIONS

Books

Discrimination Law, (2^nd edn. 2011) London: Sweet and Maxwell. ISBN 978-0-414-04606-1

Townshend-Smith on Discrimination Law: Text, Cases and Materials, (2nd edn), 2004 London: Cavendish. ISBN 1-85941-795-7

Articles

The Coalition Government and Age Discrimination, Journal of Business Law [2012] (2)  JBL 144-160.

The Chilling Effect and the Most Ancient Form of Vengeance (2011) 11(3), 1123-139  International Journal of Discrimination and the Law ISSN 1358-2291

“Victimising Third Parties: The Equality Directives, the European Convention on Human Rights, and EU General Principles” European Law Review (2010) 35 E.L.Rev 822-836.

The Multiple Definitions of Harassment and Direct Discrimination: a "Pandora's Attic" (2009) 10, 101-108 International Journal of Discrimination and the Law ISSN 1358-2291

Fact management and decision-making skills: adapting the Wigmorean chart for business law students The Law Teacher Vol. 43, No. 2, July 2009, 114–152

Rethinking Victimisation Industrial Law Journal (2009) Vol 38(2) 149-179 ISSN 0305 9332

Age Discrimination, The Default Retirement Age and Occupational Pensions: Experiences from Canada and Predictions for Britain (With Dr Orla Gough). Web Journal of Current Legal Issues [2007] 1 Web JCLI (10,000 words) ISSN 1360-1326

Discriminatory Motive and the But For Test: The Proper Approach to Direct Discrimination in Britain and the United States. International Journal of Discrimination and the Law (2007) Vol 9 International Journal of Discrimination and the Law 3-37. ISSN 1358-2291  

Shoot The Wards Cove Quota Myth And Recognize Plantation Economy Cases

International Journal of Diversity in Organisations, Communities and Nations(2006) Volume 4, 207-216. ISSN 1447-9532 (Print) ISSN 1447-9583 (Online) (7,701 words)

Discrimination on the ground of sexual orientation outside the workplace: is it actionable?

Web Journal of Current Legal Issues [2005] 2 Web JCLI (8,000 words) ISSN 1360-13261326

Discrimination law and the quota fear in Britain and the United States.

International Journal of Discrimination and the Law (2005) Vol 6 International Journal of Discrimination and the Law 325-338. ISSN 1358-2291 

Case Notes

Racial Groups, Sub-Groups, the Demise of the But For Test and the Death of the Benign Motive Defence: R (on the application of E) v Governing Body of JFS Industrial Law Journal (2010) Vol 39(2) 183-193 ISSN 0305 9332

Casenote on English v Sanderson

Cambridge Law Journal [2009] 68(2) CLJ 265-268.

Forced Retirement, Age Discrimination, and the Heyday Case. Industrial Law Journal (2009) Vol 38(2) 233-241 ISSN 0305 9332

Equal Treatment, Fault-Based Liability, and Disability-Related Discrimination (2008) 9 (4) 251-262  International Journal of Discrimination and the Law ISSN 1358-2291

Compulsory Retirement and Age Discrimination: a new deference to derogation? (2008) 9 (3) 181-198 International Journal of Discrimination and the Law  ISSN 1358-2291

Reinterpreting Khan—Easy Case Makes Bad Law
Industrial Law Journal (2007) Vol 36(3) 364-374 ISSN 0305 9332

RECENT CONFERENCE PAPERS

Three Problems of Retaliation: A Comparative Study. Academy of Legal Studies in Business, 86^th Annual Conference, New Orleans, USA, 9-13 August 2011.

Equal Pay, Hypothetical Comparators, and the Equality Act 2010 Association of Law Teachers, 46th Annual Conference, Cardiff,18-20  April 2011.

Employers' use of the recession as a tool to curtail discrimination law progress. Globalisation and Business Challenges in the post-Financial Crisis World. Monash University, Prato 27-29 September, 2010.

The Supreme Court's Decision in the Jewish Free School Case and its Implications for Employment Discrimination Law. ‘The Human Rights Act - Ten Years On’, SLS, University of Southampton, 13-16 September 2010.

Discriminating Against White Workers, Fascist Workers, and Straight Workers: Three Difficult Cases and a Pandora’s Attic. ATINER, 8^th Annual International Conference on Law, 18-21 July 2011, Athens, Greece.

This Most Ancient Form of Vengeance: Victimising The Family, Friends, and Lovers of Those Who Complain of Discrimination.‘Prospects for Labour Law’, Kingston University Law School, London, UK 14 May 2010.

Homophobic Harassment Where No One is Gay – A Comparison of UK and US Approaches  Academy of Legal Studies in Business, 84th Annual Conference, Denver, Colorado, 3-8 August 2009.

Fact Management and Decision-Making Skills: Adapting the Wigmorean Chart for Business Law Students Association of Law Teachers, 44th Annual Conference, The Royal Tropical Institute, Amsterdam, 4-7 April 2009.

Age Discrimination and Compulsory Retirement in the United States, Canada, and Europe, Academy of Legal Studies in Business, 83rd Annual Conference, Long Beach, California, 12-16 August 2008.

Burlington v. White and A Difficult Case Academy of Legal Studies in Business, 82nd Annual Conference, Indianapolis, Indiana 11-14 August 2007.

Khan’s Fork Revisited: How far can an employer go when defending a discrimination claim without breaching the victimisation provisions or being in contempt of court? 

Association of Law Teachers, 42nd Annual Conference, University of Plymouth, 1-3 April 2007.

Seven Sins of Disparate Impact 

Academy of Legal Studies in Business, 81st Annual Conference, St Petersburg, Florida, 4-9 August 2006.

Stress and Sunday Marking

Association of Law Teachers, 41st Annual Conference, UEA, Norwich 9^th-11^th April 2006.

From slavery to ageism - Finding a common ground for anti-discrimination law.

Academy of Legal Studies in Business, 80th Annual Conference, San Francisco, California, 3-6 August 2005.

Problems with equality: is equality the proper basis for discrimination law? 

Association of Law Teachers, 40th Annual Conference, Edinburgh University 20-22 March 2005.

The future of disparate impact in Britain and America.

The Fourth International Conference on Diversity in Organisations, Communities and Nations, University of California, Los Angeles, 6-9 July 2004 (Refereed).

Subjective hiring practices, quotas and plantation economies.

Association of Law Teachers, 39th Annual Conference, University of York 4-6 April 2004

Discrimination on grounds of sexual orientation outside the workplace - is it actionable? 

British Association of Canadian Studies, Legal Studies Group. Gender, Sexuality and the Law: Anglo-Canadian Perspectives, Canada House, London March 10th 2004 (Refereed).

Teaching

Human Rights and Civil Liberties, Discrimination Law, Employment Law, Contract Law, Legal Skills

Affiliations

Discrimination Law Association
Honourable Society of Lincoln’s Inn
British Association of Canadian Studies-Legal Studies Group
American Academy of Legal Studies in Business
Association of Law Teachers
Fellow of the Higher Education Academy

Journal Engagement
Referee:
American Business Law Journal
ALSB Journal of Labor Law

Advisory Activities
External Examiner: BPP University College, London; University of Northampton, University of Stirling.

RAE Contributor: 2001 and 2008

Discrimination Law Association: Contributor to the Response to the Single Equality Act Green Paper

Memorandum for the Department of Works and Pensions Select Committee: ‘Equality Bill: What steps should DWP take to achieve greater equality?’ (2009)

Evidence to the House of Commons Scrutiny Committee on the Equality Bill 2009 (2010)

Legal Consultant

Diversity Consulting Ltd. International consultancy specialising in the provision of diversity and equity products and services: diversityconsultingcompany.com