Disability and Equality Law in Britain

The Role of Reasonable Adjustment

Author: Anna Lawson

Publisher: Bloomsbury Publishing

ISBN: 1847314716

Category: Law

Page: 352

View: 2131

The concept of reasonable adjustment (alternatively known as reasonable accommodation) is rapidly gaining significance for countries throughout Europe and beyond. Directive 2000/78 required all EU Member States to ensure that, by the end of 2006 at the latest, reasonable accommodation obligations would operate to protect disabled people from unequal treatment in the context of employment. The new United Nations Convention on the Rights of Persons with Disabilities will require ratifying States to impose such obligations in a broad range of situations. This book provides a detailed and critical analysis of the current and potential role of reasonable adjustment duties in British law. It explores the notion of the anticipatory reasonable adjustment duty - a notion which is, in many respects, distinctively British. It probes the relationship between reasonable adjustment and other concepts, including indirect discrimination and positive discrimination. Drawing particularly on US debates, potential sources of resistance to the duties are exposed and an attempt is made to suggest pre-emptive counter strategies. Attention is also given to issues of legal reform and rationalisation - issues of immense topicality and importance in view of the recent British move towards a single Equality Act. In short, this book examines the current and potential role of reasonable adjustment duties in Britain. It will be of interest to lawyers, policy-makers and students working in the field of disability rights. It will also be of interest to all those concerned with the operation and development of equality law and policy more generally, both in Britain and beyond.

Discrimination and the Law

Author: Malcolm Sargeant

Publisher: Routledge

ISBN: 1134615728

Category: Law

Page: 176

View: 542

Discrimination and the Law provides an exploration and evaluation of Discrimination Law, with a primary focus on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which the law has evolved. The book provides an examination of the main provisions of and the application of the Equality Act 2010 which was passed to consolidate the complicated and numerous array of Acts and Regulations, which formed the basis of anti-discrimination law in Great Britain. Encompassing sex, race, age, disability, discrimination on the grounds of sexual orientation or religious belief, this book also considers aspects of discrimination which are not provided for, such as multiple discriminations and intersectionality. In addition, the provisions of the Equality Act and subsequent UK case law are considered within the context of EU Directives and judgments from the European Court of Justice and other international sources of equality law. Concise, accessible and with a review of current debates and issues at the end of each chapter, Discrimination and the Law is an essential introduction to the wide-ranging law relating to discrimination in the UK for both LLB and HRM students.

Equality Act 2010

Author: Great Britain

Publisher: Editions de l'Atelier

ISBN: 9780105415107

Category: Law

Page: 251

View: 3717

Royal assent, 8 April 2010. An Act to make provision tor require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties to be imposed in relation to the exercise of public procurement functions; to increase equality of opportunity; to amend the law relating to rights and responsibilities in family relationships

Understanding Disability Discrimination Law through Geography

Author: Fayyaz Vellani

Publisher: Routledge

ISBN: 131700499X

Category: Social Science

Page: 220

View: 5603

Examining the UK Disability Discrimination Act (DDA) in comparison to its counterparts in the USA and Australia, this book focuses on how it is being interpreted and acted upon in the context of higher education, a key area of national attention in the UK. It also evaluates this law in the context of the larger project of civil rights legislation and demonstrates that geography can be used to explain law and legal arguments by highlighting their subjectivity and by emphasizing the importance of place, specificity and context. While providing in-depth analysis of the effectiveness and scope of this significant legislation this book demonstrates the importance of geography in the application of law. It provides insights into the broader workings of UK anti-discrimination law, which are particularly relevant given the scrutiny of the Equality and Human Rights Commission and the concerns about the effectiveness of legal tools in fighting discrimination. Finally, this book critiques liberal notions of legal subjectivity and medical definitions of disability which is topical given the current attention given to debates about identity politics.

Disabled Justice?

Access to Justice and the UN Convention on the Rights of Persons with Disabilities

Author: Eilionóir Flynn

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472418611

Category: Law

Page: 190

View: 4006

Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.

Disabled People in Britain and Discrimination

A Case for Anti-discrimination Legislation

Author: Colin Barnes


ISBN: 9781850651277

Category: Discrimination against people with disabilities

Page: 264

View: 712

Arguing that disability is a civil rights issue, this study outlines, often using official statistics, the denial to disabled people of full and equal access to the institutions of British society. It contends that only disabled people themselves can bring about a change in this situation.

Disability and Equity at Work

Author: Jody Heymann,Michael Ashley Stein,Gonzalo Moreno

Publisher: Oxford University Press

ISBN: 019998123X

Category: Medical

Page: 352

View: 482

Despite international and national guarantees of equal rights, there remains a great deal to be done to achieve global employment equality for individuals with disabilities. In OECD countries, the employment rate of persons with disabilities was just over 40%, compared to 75% for persons without a disability; in many low- and middle-income countries, the employment rates are even lower. There are numerous reasons why persons with disabilities fare poorly in the labor market; Disability and Equity at Work is the first book to document what can be done to improve this imbalance. Chapters in this volume address all relevant facets of this topic and include: ? Extensive examination of the factors contributing to inequitable access to work among persons with disability ? Analysis of the economic benefits of increasing employment equity ? Successful employment strategies at every stage of a worker's career ? Evidence-based recommendations and in-depth case studies of innovative policies and programs around the world Chapter contributors include leaders from international organizations, government, civil society, and academia, including experts from UN agencies, leaders in nongovernmental advocacy and research organizations, and senior academics in the field. Disability and Equity at Work fills a needed gap that will appeal to those interested in and engaged in public policy, global health, equal rights, business, labor, and other fields.

Discrimination Law

Author: Sandra Fredman

Publisher: Oxford University Press on Demand

ISBN: 0199584427

Category: Law

Page: 348

View: 7330

A highly readable introduction to equality law and how it has adjusted to new and complex problems. Including an historical overview and comparative analysis, it thematically illuminates and discusses the major issues in discrimination law. This edition incorporates recent changes to the law, most importantly the Equality Act 2010.

The Equality Bill

How Disability Equality Fits Within a Single Equality Act

Author: House of Commons Work and Pensions Commi

Publisher: The Stationery Office

ISBN: 9780215529824

Category: Political Science

Page: 95

View: 7879

The Committee welcomes the Government's intentions to simplify and streamline legislation on discrimination into one single Equality Bill. But it believes that disability discrimination requires a difference in approach and should be predicated on the idea that we need to treat people differently to accord disabled people equal opportunities. The challenge is to bring disability discrimination law within that broad family of equality law whilst recognising those key differences. To meet this objective, the Government should re-establish the version of disability-related discrimination that existed before the recent Lewisham v Malcolm judgment and which was well understood by employers and employees alike. Preserving strong disability rights needs to go hand in hand with an adequate defence for those with duties under the legislation. Harmonising the different provisions that currently permit employers, service providers, landlords and others to justify disability discrimination in certain circumstances will ensure a balance between their responsibilities and the rights of the disabled person. The Committee also calls for removal of one of the greatest obstacles to improving employment opportunities for older people: the continued existence of the statutory default retirement age in the Employment Equality (Age) Regulations 2006. The overall employment rate of disabled people has increased since 1995, but the rate for people with mental illness, phobias or panic has remained substantially lower (at just over 10 per cent) than that for those with most other types of impairment. Too many employers and disabled people are unaware of what support is available for them through the Access to Work scheme. DWP research identified recruitment as the most common source of discrimination against disabled people but few cases reach court. The public sector has an important role to play in promoting equality but needs to focus on outcomes not process.

Discrimination Law

Author: Sandra Fredman FBA

Publisher: OUP Oxford

ISBN: 0191621080

Category: Law

Page: 384

View: 1067

Equality is an ideal to which we all aspire. Yet the more closely we examine it, the more its meaning shifts. How do we explain how equal treatment can in effect lead to inequality, while unequal treatment might be necessary in order to achieve equality? The apparent paradox can be understood if we accept that equality can be formulated in different ways, depending on which underlying conception is chosen. In this highly readable yet challenging book, Sandra Fredman examines the ways in which discrimination law addresses these questions. The new edition retains the format of the highly successful first edition, while incorporating the many new developments in discrimination law since 2002, including the Equality Act 2010, human rights law, and EU law. By using a thematic approach, the book illuminates the major issues in discrimination law, while at the same time imparting a detailed understanding of the legal provisions. The comparative approach is particularly helpful; by examining comparable law in the US, India, Canada, and South Africa, as well as the UK, the book exposes common problems and canvasses differing solutions. As in the previous edition, the book locates discrimination in its wider social and historical context. Drawing on the author's wide experience of equality law in many jurisdictions, she creates an analytic framework to assess the substantive law. The book is a thought-provoking and accessible overview of the way in which equality law has adjusted to new and increasingly complex challenges. It concludes that progress has been evident, but uneven. Those dedicated to equality still face an exacting, but ultimately deeply rewarding, task.

Delivering Equality for Disabled People

A Consultation on the Extension of the Disability Discrimination Act to Functions of Public Authorities, and the Introduction of a Duty to Promote Equality for Disabled People

Author: Great Britain. Department for Work and Pensions

Publisher: The Stationery Office

ISBN: 9780101625524

Category: Discrimination against people with disabilities

Page: 71

View: 4274

The Disability Discrimination Bill (Cm. 6058-I/II/III, ISBN 010160582X published in December 2003) extends the Disability Discrimination Act 1995 to cover the functions of public bodies, imposing a positive duty to eliminate discrimination and harassment and to promote equality of opportunity for disabled people. This consultation paper seeks views on proposals for the guidance the Disability Rights Commission should issue to support the implementation of these changes, and on the possible use of regulatory powers. Issues discussed include: changing working cultures, the specific duties and range of public bodies covered, guidance to be issued to smaller bodies, content of guidance relating to procurement, how public authorities can promote equality in practice, gathering evidence and reporting progress, implementation of new duties, and costs and benefits of the proposals. Responses to the consultation should be received by 21 October 2004 and sent to: Sue Hammond, Disability Discrimination Bill Division, 6th floor, The Adelphi, London WC2N 6HT or emailed to: [email protected]

Employment Law

Author: Malcolm Sargeant,David Lewis

Publisher: Pearson Education

ISBN: 9781405858687

Category: Labor laws and legislation

Page: 442

View: 524

This title presents an analysis of employment law with extracts from cases. It provides a common-law approach to the study of contract of employment and collective employment relations, and includes all aspects of statutory employment law.

Making Rights a Reality?

Disability Rights Activists and Legal Mobilization

Author: Lisa Vanhala

Publisher: Cambridge University Press

ISBN: 113949712X

Category: Law

Page: N.A

View: 2962

Making Rights a Reality? explores the way in which disability activists in the United Kingdom and Canada have transformed their aspirations into legal claims in their quest for equality. It unpacks shifting conceptualizations of the political identity of disability and the role of a rights discourse in these dynamics. In doing so, it delves into the diffusion of disability rights among grassroots organizations and the traditional disability charities. The book draws on a wealth of primary sources including court records and campaign documents and encompassing interviews with more than sixty activists and legal experts. While showing that the disability rights movement has had a significant impact on equality jurisprudence in two countries, the book also demonstrates that the act of mobilizing rights can have consequences, both intended and unintended, for social movements themselves.

Human Rights in Northern Ireland

The Committee on the Administration of Justice Handbook

Author: Brice Dickson,Brian Gormally

Publisher: Bloomsbury Publishing

ISBN: 1782255044

Category: Law

Page: 552

View: 5761

This Handbook is the latest version of a book that was last published in 2003, and has been completely revised to take account of the innumerable legal developments since then. The book contains 26 chapters on topics ranging across the full spectrum of civil, political, social, economic and environmental rights, with particular emphasis on the right not to be discriminated against. It is currently the most comprehensive and practical publication on the state of human rights in Northern Ireland. This is a part of the world where, as well as ongoing issues arising out of the conflict ('emergency laws' are still in place, for example), there are familiar questions concerning the rights of people with poor mental health, the law relating to family and sexual matters, children's rights, education rights, employment rights, housing rights, and social security rights. The contributors to the book are all experts in their field, most of them with years of experience as human rights activists and advisers. The book provides precise information about relevant legislation and case law (on which there are tables) and is fully indexed.

The Transformation of Labour Law in Europe

A Comparative Study of 15 Countries 1945-2004

Author: Bob Hepple,Bruno Veneziani

Publisher: Bloomsbury Publishing

ISBN: 1847315356

Category: Law

Page: 412

View: 5770

The labour laws of European democracies all underwent major transformations in the seven decades after the Second World War. Following reconstruction, these laws became an essential element in the building of welfare states; in the 1980s and 1990s they were the target of neo-liberal deregulation; and at the beginning of the 21st century new 'flexible' labour laws have attempted to integrate economic and social policy. This book, a sequel to 'The Making of Labour Law in Europe- A Comparative Study of Nine Countries up to 1945' (ed. B Hepple), compares the similarities and differences in the ways in which EU Member States reflected and shaped these general developments, in the context of economic, social and political changes over the period 1945-2004. Note: the Publishers are issuing a reprint of the first volume, 'The Making of Labour Law in Europe - A Comparative Study of Nine Countries up to 1945' to coincide with publication of the sequel. The great strength of the collection is on the focus on context, with chapters looking at developments in labour market trends and structures of worker represntation.

Getting the Message Across

Communication with Diverse Populations in Clinical Genetics

Author: Jennifer Wiggins,Anna Middleton

Publisher: Oxford University Press

ISBN: 0199757410

Category: Medical

Page: 204

View: 5915

This book provides practical advice to assist genetic counselors, geneticists, and other health professionals wanting to engage appropriately with different clients from different communities — patients who are hearing and/or visually impaired, patients with diverse sex development or religious backgrounds, and those who are available only through interpreter or telephone consultation.

Disabled Students in Welsh Higher Education

A Framework for Equality and Inclusion

Author: Karen Beauchamp-Pryor

Publisher: Springer Science & Business Media

ISBN: 946209344X

Category: Education

Page: 208

View: 5556

The book provides an understanding of why disabled students experience inequality and exclusion within higher education and identifies those areas where change is needed to secure an inclusive educational environment.

Equality, Inequalities and Diversity

Contemporary Challenges and Strategies

Author: Geraldine Healy,Gill Kirton,Mike Noon

Publisher: Macmillan International Higher Education

ISBN: 1137285710

Category: Business & Economics

Page: 252

View: 2313

Equality, Inequalities and Diversity offers an authoritative critical analysis of equality, inequality and diversity in organizations. Using international examples it explores contemporary concepts and debates based on original research in a number of fields and sectors, an ideal course companion for anyone studying diversity.

Discrimination, Equality and the Law

Author: Aileen McColgan

Publisher: Bloomsbury Publishing

ISBN: 1782252002

Category: Law

Page: 304

View: 5589

This monograph explores some of the conceptual questions which underpin the legal disputes which arise in relation to equality and discrimination. Among these are questions about the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination; symmetrical and asymmetrical approaches to equality/non-discrimination; the role of comparators in discrimination/equality analysis; the selection of protected characteristics and the proper sphere of statutory and constitutional protections, and the scope for and regulation of potential conflicts between protected grounds. The author engages with domestic, EU and ECtHR case law as well as with wider international approaches.