Author: Rosemary Hunter
Publisher: Federation Press
Category: Discrimination in employment
View: 6478An employer's apparently neutral policies and practices may, perhaps accidentally, certainly unreasonably, exclude women or minority applicants or employees: this is unlawful discrimination.A host of traditional employment practices have been found to fall into this category - height and weight requirements, a last-on-first-off policy, job mobility conditions, even a bus ticketing system; all have fallen foul of equal opportunity legislation.This indirect discrimination legislation is complex and in places highly technical. Its impact and potential is little understood. Rosemary Hunter comprehensively analyses the legislation, State and Federal, private sector and public.She refers extensively to the large body of practice which has grown up in the United States and the United Kingdom. She includes numerous worked examples to show the factual situations which arise and discusses what "legally defensible" employment procedures may involve.
A Case Study Into the Development of the Legal Concept of Indirect Discrimination Under EC Law
Author: Christa Tobler
Publisher: Intersentia nv
View: 2156Introduced into European Community law by the Court of Justice through its case law in the field of free movement of workers, the legal concept of indirect discrimination has evolved into one with far wider and greater relevance to many other areas of EC law as well. Nonetheless, today the very meaning of the concept and its practical implications are often far from well understood. This book analyses the concept of indirect discrimination in a broad and comparative context, which encompasses both economic and social law. The subject is approached in such a manner that scholars, practitioners, and merely interested readers can profit from the opportunity to examine the development of the legal concept of indirect discrimination as well as its relationship to other important concepts under EC law. The study asks and offers answers well informed by case law, legislation, and the views of other commentators to the issues: Why was such a legal concept as indirect discrimination called for originally? What did this concept mean then, and what does it mean today? Given the many developments that have taken place in the conceptual framework of EC law, does a need for the concept of indirect discrimination still exist today? Christa Tobler teaches European Community law at the Universities of Basel (Switzerland) and Leiden (the Netherlands). In her research work, she puts a particular emphasis on issues of legal equality and discrimination.
Author: Hugh Collins,Tarunabh Khaitan
Publisher: Bloomsbury Publishing
View: 5864Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies.
Sixth Judicial Colloquium on the Domestic Application of International Human Rights Norms
Author: Commonwealth Secretariat
Publisher: Commonwealth Secretariat
View: 2655One of an eight-volume series recording the development of international jurisprudence in human rights issues and, in particular, the domestic application of international human rights norms. Discussion focused on recent developments in international human rights jurisprudence and norms from which judges and lawyers are beginning, increasingly, to draw to augment the domestic law of their jurisdictions.
Author: Jill Murray
Publisher: Federation Press
View: 9035Simultaneous participation in paid work and family life is the ‘barbecue stopper’ question of 2005, as Prime Minister Howard termed it recently.Many of the issues still concern the friendliness of the workplace towards women, who remain the primary carers of children in a majority of cases. But the juxtaposition of work and family is no longer only a women and children’s issue. Care of the elderly at home is increasing and there is also a growing number of males involved in primary care.Work, Family and the Law is a special issue Volume 23 No 1 of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title. You may also purchase a single copy of this issue through this page, or subscribe to the journal from the journal page. Work, Family and the Law weighs the performance of the (now declining) industrial tribunals, the private bargaining between employers and workers and also the courts in their employment jurisdiction. Comparisons are made between Australia and other countries, particularly in Europe. Avenues of promise and areas of particular concern are indicated in the context of the looming great changes in Australian industrial relations.
Author: Gareth Davies
Publisher: Kluwer Law International B.V.
View: 1485Despite the high-flown rhetoric of civil society, it cannot be denied that discrimination is still with us; it has merely gone 'underground'. This text exposes a polity that defines discrimination correctly but then refuses to see it where it occurs.
Data Mining and Profiling in Large Databases
Author: Bart Custers,Toon Calders,Bart Schermer,Tal Zarsky
Publisher: Springer Science & Business Media
View: 6652Vast amounts of data are nowadays collected, stored and processed, in an effort to assist in making a variety of administrative and governmental decisions. These innovative steps considerably improve the speed, effectiveness and quality of decisions. Analyses are increasingly performed by data mining and profiling technologies that statistically and automatically determine patterns and trends. However, when such practices lead to unwanted or unjustified selections, they may result in unacceptable forms of discrimination. Processing vast amounts of data may lead to situations in which data controllers know many of the characteristics, behaviors and whereabouts of people. In some cases, analysts might know more about individuals than these individuals know about themselves. Judging people by their digital identities sheds a different light on our views of privacy and data protection. This book discusses discrimination and privacy issues related to data mining and profiling practices. It provides technological and regulatory solutions, to problems which arise in these innovative contexts. The book explains that common measures for mitigating privacy and discrimination, such as access controls and anonymity, fail to properly resolve privacy and discrimination concerns. Therefore, new solutions, focusing on technology design, transparency and accountability are called for and set forth.
Author: Frédéric Edel
Publisher: Council of Europe
Category: Political Science
View: 9471The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.
Author: Sandra Fredman
Publisher: Oxford University Press on Demand
View: 2646A 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.
Global Women's Issues and Knowledge
Author: Cheris Kramarae,Dale Spender
View: 4790For a full list of entries and contributors, sample entries, and more, visit the Routledge International Encyclopedia of Women website. Featuring comprehensive global coverage of women's issues and concerns, from violence and sexuality to feminist theory, the Routledge International Encyclopedia of Women brings the field into the new millennium. In over 900 signed A-Z entries from US and Europe, Asia, the Americas, Oceania, and the Middle East, the women who pioneered the field from its inception collaborate with the new scholars who are shaping the future of women's studies to create the new standard work for anyone who needs information on women-related subjects.
An Essay on European Anti-Discrimination Law
Author: Alexander Somek
Publisher: Oxford University Press
View: 7663Examining the rise of European anti-discrimination law, this book provides a critique of the focus on and implementation of, anti-discrimination law.
Author: John Wadham,David Ruebain,Anthony Robinson,Susie Uppal
Publisher: OUP Oxford
View: 6784The Equality Act 2010 was an extremely significant reform of UK discrimination law, consolidating the existing complex mass of statutory provisions into one statute. The Act brought new rights against discrimination and imposed new duties on employers, service providers and public authorities, and also introduced a new socio-economic duty on public authorities to reduce the inequalities of outcome which result from socio-economic disadvantage. It defined nine protected characteristics: age, disability, combined grounds, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. Much more is now known about the Equality Act in practice; amendments have been made to the Act itself (such as those made as a consequence of insurance premium and gender cases in the European Court of Justice) and statutory guidance to the Act has been produced. Case law on the new provisions is also starting to appear. This fully revised edition of Blackstone's Guide to the Equality Act 2010 covers all recent developments and clearly and concisely explains the intricacies of the Equality Act. Combining the full text of the Act, as amended, with narrative from an expert team, the book is an invaluable resource for all who encounter the evolving legislation. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the extent, scope, and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.