2014 | OriginalPaper | Chapter
Discrimination
Published in:
Employment Law
The common law principle of freedom of contract applies equally to employment contracts, consequently, at common law, the employer can employ, or refuse to employ, anyone for whatever reason he wishes, including reasons based on the sex or race of that person. Such a proposition nowadays, however, would offend most people’s sense of fairness, and over the past few decades the law has sought to intervene to restrict an employer from exercising his common law rights.