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But the two cases also highlight how significantly our understanding of discrimination has changed in recent decades.
"Our understanding of discrimination and disability policies is evolving," Mr. Rosen, who is deaf, said through a sign-language interpreter.
She has a visceral understanding of discrimination, an understanding that's colored by her experience as someone who's endured it herself, in politics and in media and in life, for decades and at times to an excruciating degree.
In the early days after Title VII and attendant state laws were passed, a great deal of discourse, in legal circles, focussed on how the law might be adjusted to account for our changing understanding of discrimination.
(1990: 196 97) Nonetheless, Young's understanding of discrimination seems to rest on some misconceptions.
The idea that discrimination is unidirectional is also implied by Owen Fiss's understanding of discrimination in terms of "the perpetual subordination" of "specially disadvantaged groups …[whose] political power is severely circumscribed" (1976: 154 155).
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Whilst not downplaying the significance of the harmful experiences to which this data refers, we are very aware of the limitations of quantitative and de-humanised approaches to understanding forms of discrimination.
And it was her lover, the Chicago writer Nelson Algren, who encouraged her to come to a broader understanding of sexual discrimination by comparing it with the racial discrimination suffered by black Americans.
Writing for the majority, Justice David H. Souter said the law, which gives protection against age discrimination starting at 40, had to be interpreted in light of "social history" that "emphatically reveals an understanding of age discrimination as aimed against the old".
He said he now had a more profound understanding of the discrimination she faced.
Consider, by analogy, the example of MK Gandhi: for all his heroism and brilliance, his understanding of caste discrimination and how to address it was embarrassingly light and confused compared with the great Dalit leader BR Ambedkar – because Ambedkar had tasted what it was like.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com