Accommodement raisonnable et droit antidiscriminatoire: une analyse fonctionnelle dans une perspective comparative

This article analyses, from a comparative and historical perspective, the relationship and the differences —particularly in functional terms—between prohibitions of direct and indirect discrimination and the duty to provide reasonable accommodation. It shows that legally related instruments, designated by similar labels, perform distinct normative functions depending on the legal orders and conceptions of equality that underpin them. The comparison of the United States, Canadian and European models highlights the structural limits of each instrument as well as their respective contributions.