The circumstance of kinship in anti-discrimination protection

Abstract

This work deals with the legal nature and configuration of the cause of discrimina­tion due to kinship ties, and its significance in terms of burden of proof and justi­fication of the employer’s measure. It also examines the impact of the relationship of kinship in the field of family business, regarding the discrimination test.

Concerning the compensatory consequences of discriminatory decisions based on kinship, the quantification of compensation for moral damages is analysed in view of the constitutional and judicial doctrine that allow the referential application of the amounts provided for the pecuniary sanction of those in­fractions typified by the LISOS, as well as the legal requirement to provide the bases and criteria to determine the existence and entity of moral damages.

Finally, this study will analyse kinship relationship as a vehicle for discrimi­nation by association, a figure of judicial construction that has allowed the extension of antidiscrimination protection to subjects in whom the cause of discrimination does not directly concur.