Conceptual standards and procedural burdens in antidiscrimination litigation, Critical analysis of case law on the Zamudio Act between 2012 and 2015

Abstract

This article offers a critical analysis of the decisions issued by Chilean lower courts with respect to the remedy created by Title II of the Law of Measures Against Discrimination, also known as the Zamudio Act. The article concentrates its attention in the concept of discrimination that the case law offers in the form of elements that constitute it, and in its understanding of how to discharge the burden of proof and justification involved in the lawsuit. The article concludes arguing that this critical appraisal, at the same time that confirms the criticisms to the letter of the law articulated by several scholars, also suggests the need to complement our legal culture through a careful reflection on the phenomenon of discrimination.