Search

Purpose - The purpose of this paper is to report on a research day on the theme of diversity, held at the Centre for Employment Studies Research - formerly the Employment Studies Research Unit at the University of the West of England, Bristol, UK. Design/methodology/approach - The report is based upon observations, notes and discussions of the papers presented that represented work in progress on a range of diversity issues, specifically ethnicity, gender, age and disability. Findings - The presentations highlighted the mixed outcomes of anti-discrimination legislation in the context of organisational objectives and practices and individual worker attitudes. Originality/value - This report brings together a number of important themes, highlighting and synthesising the complex relationship between anti-discrimination legislation and the role of organisations and employees. [ABSTRACT FROM AUTHOR]

The paper aims at providing an overview of the issues raised by algorithmic discrimination, and the key contributions proposed in the literature to address them. It is intended to be used as a starting point for those interested in approaching the topic for the first time or as a syllabus for the students taking the Erasmus+ Strategic Partnership MOOC "Time to Become Digital in Law". First, the contribution will outline what algorithms are and what we consider algorithmic bias and what are its causes. Second, it will investigate the ethical and social implications of algorithmic bias. Then, the paper will focus on how existing laws and regulations can be applied to algorithmic discrimination. This contribution will focus in particular on the two branches of law that have been identified in the literature as the most relevant in this context: anti-discrimination law and data protection law. The work will outline their potentialities and limitations, presenting some proposals advanced in the literature to fill the new and emerging gaps of protection. [ABSTRACT FROM AUTHOR]

Equity has become a significant goal of every major institution in the United States. Yet equity is often vaguely defined and comprises multifaceted goals. The concept of equity, as a foil to treating everyone identically under formal equality, can both foster and undermine an institution's primary mission or other values. This paper will reckon with how institutions, especially legal academia, can balance equity against other institutional values. The proper balancing of equity with other institutional values is impeded by the difficulties of defining equity and the chilling effects institutional actors face in discussing these issues. This Article will first trace the concept of equity from its historical roots in Aristotle and the courts of equity, to modern anti-discrimination law, to critical theory scholarship. The paper will then define what I term procedural equity, which is focused on fairness of access and opportunities, and substantive equity, which is focused on fairness of results. These concepts of equity exist in some tension with an institution's other goals, such as efficiency, freedom of speech and inquiry, and classical liberal individual rights or other moral systems of justice. Critical to performing this balancing is an ability to discuss these issues openly, and institutions, especially academia, are not leaving sufficient spaces open for members to have diverging views on the different conceptions of equity. [ABSTRACT FROM AUTHOR]

The publication of the recent Consultation Document, proposing a new legislative framework for a Single Equality Bill for Great Britain, provides the opportunity for consideration of the regulatory approaches that might be adopted in such legislation. The regulatory approaches adopted in previous anti-discrimination legislation are considered, followed by a discussion of a newer approach to regulation, which has been termed ‘reflexive regulation’. This newer form of regulation appears to form the preferred basis for regulation in the Consultation Paper. The potential problems with this method of regulation are examined, in particular the need to ensure that the pre-conditions for effective reflexive regulation are identified and created. It is argued that the Consultation Paper has failed to address this issue, and that several changes need to be made before the use of reflexive regulation in the area of equality is likely to be successful. [ABSTRACT FROM AUTHOR]

There has been an explosion of concern about the use of computers to make decisions affecting humans, from hiring to lending approvals to setting prison terms. Many have pointed out that using computer programs to make these decisions may result in the propagation of biases or otherwise lead to undesirable outcomes. Many have called for increased transparency and others have called for algorithms to be tuned to produce more racially balanced outcomes. Attention to the problem is likely to grow as computers make increasingly important and sophisticated decisions in our daily lives. Drawing on both the computer science and legal literature on algorithmic fairness, this paper makes four major contributions to the debate over algorithmic discrimination. First, it provides a legal response to a recent flurry of work in computer science seeking to incorporate "fairness" in algorithmic decision-makers by demonstrating that legal rules generally apply in the form of side constraints, not fairness functions that can be optimized. Second, by looking at the problem through the lens of discrimination law, the paper recognizes that the problems posed by computational decision-makers closely resemble the historical, institutional discrimination that discrimination law has evolved to control, a response to the claim that this problem is truly novel because it involves computerized decision-making. Third, the paper responds to calls for transparency in computational decision-making by demonstrating how transparency is unnecessary to providing accountability and that discrimination law itself provides a model for how to deal with cases of unfair algorithmic discrimination, with or without transparency. Fourth, the paper addresses a problem that has divided the literature on the topic: how to correct for discriminatory results produced by algorithms. Rather than seeing the problem as a binary one, I offer a third way, one that disaggregates the process of correcting algorithmic decision-makers into two separate decisions: a decision to reject an old process and a separate decision to adopt a new one. Those two decisions are subject to different legal requirements, providing added flexibility to firms and agencies seeking to avoid the worst kinds of discriminatory outcomes. Examples of disparate outcomes generated by algorithms combined with the novelty of computational decision-making are prompting many to push for new regulations to require algorithmic fairness. But, in the end, current discrimination law provides most of the answers for the wide variety of fairness-related claims likely to arise in the context of computational decision-makers, regardless of the specific technology underlying them. [ABSTRACT FROM AUTHOR]

The right of persons with disabilities for equal access to education and educational resources is enshrined by international and country-specific anti-discrimination laws. Taking the Ethiopian context as an example, this paper sought to identify barriers of access to educational resources and explored ways for removing them. Seventeen students with visual impairments studying at Hawassa University were selected for semi-structured interviews. Moreover, five individuals working at the disability centre and the university library were interviewed. The results of the interviews were analysed thematically using the International Classification of Functioning, Disabilities and Health (ICF) as a framework. Access and accessibility problems that emanate from the learners' diverse background, lack of educational resources in alternative formats, lack of institutional tools (policy, procedure, guidelines, etc.) to bridge the gap between law and practice, and the digital divide were among the problems identified and discussed. At the end, the paper showed how libraries, revitalised as learning and information commons, could help to ensure the accessibility of educational resources and help learners with disabilities to acquire skills that may help them in their studies and their future undertakings. [ABSTRACT FROM AUTHOR]

The article examines the scope of two nondiscrimination procedures in the International Covenant on Economic Social and Cultural Rights (ICESCR) stipulated in Articles 2(2) and 3, as well as the responsibilities of states parties to the Covenant. It was noted that Article 2(2) prohibits only those with distinctions for which no reasonable objective can be found and where no justifiable proportionality emerges between the means employed. Likewise, it was stressed that the listing of grounds of discrimination is merely illustrative, amidst the fact that the international community prioritize the eradication of racial and sexual discrimination. Furthermore, the state is asked to take affirmative action in implementing safety measures to all those involved in public activity.

This paper examines bilingual court proceedings in China, comparing China's approach on this issue to international standards in major treaties and agreements. Many of the principles of these international agreements are already in place and in use in China. China has adopted some practices transcending international standards such as prohibiting discrimination on grounds of language, informing the accused of his or her offence in his or her language, providing an interpreter at court proceedings and allowing a minority language to be used as an official language in minority regions. With the development of China's economy and the promotion of freedom of movement in China, the need for bilingual courts has greatly increased, particularly in minority regions. This paper explores bilingual judicial practice in China under the auspices of these international treaties. [ABSTRACT FROM PUBLISHER]

This paper focuses its research attention on global algorithmic accountability and on governance for algorithms that is embedded in a human rights and International Human Rights Law (IHRL) framework. It looks at how algorithmic accountability can be affected across the 'life-cycle' of an algorithm by ensuring an adherence to core tenets of IHRL, norms and obligations. It looks at how core areas of Human Rights are affected by algorithms and argues that the profound intersection of public and private power, which contributes to the rise of algorithms in public services and business processes, requires a web of interactive legal frameworks that embrace administrative law, anti-discrimination law, data protection law, IHRL and the Ruggie Principles as well as core tenets of corporate law and corporate risk accountability in order to ensure a deep global accountability regime. Only such an interlocked and complimentary web of 'laws' enhanced for the digital age, with IHRL as its anchor, can ensure that algorithms serve humans and not the other way around. Additionally, the paper argues for a new permanent structure to be created within the United Nations Human Rights Council - an Algorithmic Accountability High Level Expert Network (AAHLEN) - that brings together technology skills and developers, human rights lawyers, and public sector senior civil servants to ensure ongoing engagement with the evolution of algorithmic systems and AI and compliance with IHRL. Such an AAHLEN must become a new permanent feature of the United Nations Human Rights Council and must ensure this cross-section of skills builds a long-term Global Algorithmic Accountability system based on IHRL. This paper proposes that a collective meeting be convened of the various UN Special Rapporteurs, that have thus far dealt with the impact of algorithms on their mandate areas, and key algorithm developers and transnational civil society to explore the formation of an AAHLEN within the UN HRC. There is a clear need to ensure that human rights epistemic communities focus on the digital age's permanent impact on respecting and protecting Human Rights in an era of algorithms and AI. [ABSTRACT FROM AUTHOR]

This paper focuses on the legal remedies for age discrimination and dismissal of older workers, identifying the factors that courts and tribunals in Australia and the United Kingdom (UK) consider when calculating compensation for two forms of damages: injury to feelings and future losses. A secondary aim is to determine whether these factors adequately consider the unique workforce participation challenges faced by older workers in both countries. Considering the similarities between Australian and UK age discrimination law and given that the latter jurisdiction has had considerably more successful cases than the former, this study adopts a comparative approach and draws on UK cases to inform the development of Australian age discrimination law. Analysis of all successful Australian and a selection of successful UK age discrimination and dismissal cases spanning from 2017 to 2020 suggests that Australian law might be strengthened by: adopting a scale of awards similar to the guidelines established in Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871 (' Vento ') for recognising and awarding injury to feelings; and by more readily awarding future losses, particularly for claimants who plan to work or who are already working past retirement age. [ABSTRACT FROM AUTHOR]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Income inequality is at an all-time high in the Europe Union (EU). Implications from the economic crisis which broke out in 2008, and in particularly the austerity measures introduced by Governments in Eurozone countries receiving bailout programmes, created further inequalities, for example between men and women. This paper starts from the hypothesis that whereas other institutions in the EU have played a direct role in tackling the economic crisis, the Court of Justice of the European Union (CJEU) may have played a more indirect role, which nonetheless can have an overlooked value in particular for setting direction for legal norms of equality and anti-discrimination in Europe. The paper therefore addresses a legal-empirical question: To what extent does the anti-discrimination case law of the CJEU reflect the increased inequalities in Europe following the economic crisis? Based on a dataset of all anti-discrimination cases of the CJEU, I conduct a quantitative analysis of changes in the case law from before to after the economic crisis. I find that there is only weak evidence, which suggests that the case law of the CJEU reflects the increased inequalities following the economic crisis. [ABSTRACT FROM AUTHOR]

In this paper, we discuss the present and future uses of intelligent facial surveillance (IFS) in law enforcement. We present an empirical and legally focused case study of live automated facial recognition technologies (LFR) in British policing. In Part I, we analyse insights from 26 frontline police officers exploring their concerns and current scepticism about LFR. We analyse recent UK case law on LFR use by police which raises concerns around human rights, data protection and anti-discrimination laws. In Part II, we consider frontline officers' optimism around future uses of LFR and explore emerging forms of IFS, namely emotional AI (EAI) technologies. A key novelty of the paper is our analysis on how the proposed EU AI Regulation (AIR) will shape future uses of IFS in policing. AIR makes LFR a prohibited form of AI and EAI use by law enforcement will be regulated as high-risk AI that has to comply with new rules and design requirements. Part III presents a series of 10 practical lessons, drawn from our reflections on the legal and empirical perspectives. These aim to inform any future law enforcement use of IFS in the UK and beyond. [ABSTRACT FROM AUTHOR]

Purpose: This paper examines whether and how labour market duality can be alleviated through legislation that prohibits discrimination based on employment type. Design/methodology/approach: In 2007, the Korean government undertook a labour reform banning discriminatory treatment against fixed-term, part-time and dispatched workers. By exploiting a gradual implementation of the anti-discrimination law by firm size targeting a subset of non-regular workers, the paper identifies the treatment effects of the anti-discrimination law, taking a difference-in-difference-in-differences approach. Findings: The results suggest that the anti-discrimination law significantly increases hourly wages and the probabilities of being covered by national pension, health insurance, and employment insurance for targeted non-regular workers in small firms relative to other workers. Anticipatory behaviours of employers and selective transitions of employees in response to the implementation of the anti-discrimination law do not underlie the estimated effects. The presence of labour unions contributes to reducing gaps in labour conditions between regular workers and targeted non-regular workers. Originality/value: The main contribution of this paper is to provide empirical evidence on causal impacts of equal pay legislation on the gaps in labour conditions between different categories of workers, using a difference-in-difference-in-differences estimation. [ABSTRACT FROM AUTHOR]

With the fall of the coverage formula of the Voting Rights Act, many states are quickly passing strict voter identification laws. While most of the litigation surrounding the new laws are racial challenges, these stricter voter identification laws are also affecting another minority group: transgender Americans. This paper questions the constitutionality of these new laws: while the traditional legal framework fails to adequately protect transgender Americans, the Nineteenth Amendment provides additional protections. This paper concludes that, under this Nineteenth Amendment approach, strict voter identification laws unconstitutionally discriminate against transgender Americans on the basis of sex. [ABSTRACT FROM AUTHOR]

Copyright of Croatian & Comparative Public Administration is the property of Institut za Javnu Upravu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In recent years, there has been a burgeoning literature exploring the effects of gender discrimination on macroeconomic outcomes ranging from productivity and gross domestic product per capita to economic growth. A separate literature in recent decades on the time-inconsistency of monetary policymaking has examined the role of labor market distortions in explaining differences in cross-country inflation rates. This paper brings these two disparate streams of research together and explores the impact of gender discrimination laws on inflation. Using the World Bank's index of gender discrimination laws from the Women, Business and Law database, the results from the system generalized method of moments estimator applied to 117 countries over the period 1970–2019 indicate that gender discrimination laws have a positive causal impact on inflation. This effect is robust to different specifications and estimation methodologies. From a policy perspective, the findings suggest that labor market reforms aimed at reducing gender discrimination laws can be an effective mechanism in promoting low inflation. [ABSTRACT FROM AUTHOR]

Copyright of IgualdadES is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of IgualdadES is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

While South Korean racism and discrimination against migrant workers and foreign brides are not new phenomenon, some early policies adopted by the central and local governments to mitigate the impact of Covid-19 have once again revealed the country's deep-seated xenophobia. This paper focuses on three government policies – mask rationing, universal disaster relief funds, and local government subsidies – that were adopted during the first wave of coronavirus in South Korea from February until June 2020, when supplies were insufficient and the economy was most severely affected. This paper highlights the fact that government policies were based on nationality, which led to the exclusion of foreign nationals, even long-time taxpaying residents. Such institutional discrimination was blatant, considering the country's decades-long discussion of multiculturalism. This paper points out that, as a country with a very low number of naturalized citizens, discrimination against foreign nationals not only reflects South Korea's perceived boundaries of in-groups and out-groups, but also demonstrates the lack of a legal basis that prohibits discriminatory practices. [ABSTRACT FROM AUTHOR]

The online publication of employment tribunal (ET) decisions in England, Wales and Scotland marks a watershed moment, opening up new innovative avenues for legal research, and promoting transparency in labour law decision-making. Drawing on this 'dataset', and using age discrimination decisions as a lens to facilitate analysis, this paper reflects on the advantages and limitations of using online ET decisions as a data source to support labour law research. By considering matters of time in age discrimination decisions – both in relation to time limits for bringing a claim, and ET delays – this paper uses innovative empirical findings to map the limits of the individual enforcement model adopted by discrimination laws, and illustrates some of the barriers to successfully bringing a claim for discrimination. [ABSTRACT FROM AUTHOR]

This paper examines the landmark 1923 Supreme Court case, United States v. Bhagat Singh Thind, alongside the Hindutva response to a 2020 landmark case, California Department of Fair Employment and Housing v. Cisco Systems Inc. These two cases are in many ways different: while Thind was confronting racial prerequisite laws concerning citizenship, the Hindu right (or Hindutva) is protesting the inclusion of caste in antidiscrimination laws. Yet, reading these together enables us to see how upper-caste South Asians have historically mobilized caste to uphold not only Brahminical, but also white supremacy. While much work on race and caste highlights the parallels between racism and casteism as descent-based discriminations, I illuminate how they intersect, shaping immigrant struggles to establish belonging and rights in the United States. Caste served as a lynchpin for Thind's case. Thind and his legal team used caste to prove the purity of Thind's "Aryan blood" and therefore his whiteness and eligibility for citizenship. In doing so, they also reproduced anti-Blackness. Though the Supreme Court rejected Thind's argument, it retained the idea that caste, race, and blood are linked. Nearly a century later, Hindutva's response to Cisco appears to want to abolish caste by not naming it. Yet, read alongside the rise of the language of "merit" and "castelessness" in India, and the move to "colorblindness" and model minority racialization in the United States, their "caste-blind" agenda bolsters both Brahminical and white supremacy. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to examine employment discrimination in the English-speaking Caribbean by analysing evidence from jurisdictions where anti-discrimination legislation has been enacted (namely Guyana, St Lucia and Trinidad and Tobago (T&T)). Design/methodology/approach: This paper reviews existing anti-discrimination legislation in the three named countries, along with available court and tribunal decisions, with a view of determining whether the protections reasonably cover all minority groups. Findings: It has been shown that, despite the existence of anti-discrimination law in T&T, St Lucia and Guyana, discrimination is still reported. T&T is the only jurisdiction with a functioning Equality Opportunity Commission and Tribunal, and where a wide range of cases has been adjudicated, relative to St Lucia and Guyana. Research limitations/implications: Legislators and policy makers may wish to consider the findings of this research in making legislative amendments or enacting new laws, with a view to broadening the range of protections. Organisational practitioners may use the findings to assist them with interpreting the law (and their responsibilities to protected groups) and its intended impact on HR practice and, where necessary, make changes where current practices are incongruent with the legislation. Practical implications: Legislators and policy makers may consider the findings of this research in making legislative amendments, with a view to broadening the range of protections. Organisational practitioners may use the findings to assist them with interpreting and implementing the law. Originality/value: This paper reviews current Caribbean anti-discrimination legislation and cases, which to date has not been done. It highlights the omission of sexual orientation from legislation enacted across the region. There is currently a paucity of research on employment discrimination within Caribbean territories and specifically as it relates to the effect of applicable legislation. Consequently, this paper establishes a benchmark for future researchers and it informs organisational and societal stakeholders as to what may constitute prohibited practices. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to contribute to knowledge about workplace diversity and equality in an under-researched country. Focusing on the south-eastern European transition economy of Bosnia and Herzegovina (BiH), it elaborates on the country's legislation, public debate and previous research in the field. Design/methodology/approach: The paper draws on a synopsis of the legislative framework, existing literature, public media and personal communications with human resource (HR) practitioners. Findings: There is only limited research on diversity and equality in BiH. Ethnicity and gender are the most common grounds for discrimination. Although a solid body of legislation addressing anti-discrimination and equality issues exists, implementation is insufficient. The public debate tends to reinforce inter-ethnic conflicts and a negative atmosphere regarding sexual minority rights. Research limitations/implications: Due to the general lack of research on diversity and equality in BiH, the findings presented in this paper only can serve as a first approximation of the topic. Further academic research on concrete business practices and perspectives of HR managers is needed. Practical implications: Firms not only need to increase compliance with anti-discrimination law, but they should also focus more on the benefits a multi-ethnic society can offer. Originality/value: This is the first paper in the management literature that provides comprehensive insight into workplace diversity and equality in BiH. [ABSTRACT FROM AUTHOR]

Aiming at contributing to the debate about the effectiveness of constitutional courts in enhancing the protection of women's rights, this paper focuses on the case law of the Italian Constitutional Court. After an introduction on the role, functions, and composition of the Court, three foci will be put on the Court's case law: (1) on the abolition of the gender-based discrimination in the adultery law, which caused also the abolition of the crime itself, (2) on the legislation introducing gender quotas for increasing women's political representation, (3) on the legislation on abortion and reproductive rights. [ABSTRACT FROM AUTHOR]

Problem definition: We use a realistically large, publicly available data set from a global fintech lender to simulate the impact of different antidiscrimination laws and their corresponding data management and model-building regimes on gender-based discrimination in the nonmortgage fintech lending setting. Academic/practical relevance: Our paper extends the conceptual understanding of model-based discrimination from computer science to a realistic context that simulates the situations faced by fintech lenders in practice, where advanced machine learning (ML) techniques are used with high-dimensional, feature-rich, highly multicollinear data. We provide technically and legally permissible approaches for firms to reduce discrimination across different antidiscrimination regimes whilst managing profitability. Methodology: We train statistical and ML models on a large and realistically rich publicly available data set to simulate different antidiscrimination regimes and measure their impact on model quality and firm profitability. We use ML explainability techniques to understand the drivers of ML discrimination. Results: We find that regimes that prohibit the use of gender (like those in the United States) substantially increase discrimination and slightly decrease firm profitability. We observe that ML models are less discriminatory, of better predictive quality, and more profitable compared with traditional statistical models like logistic regression. Unlike omitted variable bias—which drives discrimination in statistical models—ML discrimination is driven by changes in the model training procedure, including feature engineering and feature selection, when gender is excluded. We observe that down sampling the training data to rebalance gender, gender-aware hyperparameter selection, and up sampling the training data to rebalance gender all reduce discrimination, with varying trade-offs in predictive quality and firm profitability. Probabilistic gender proxy modeling (imputing applicant gender) further reduces discrimination with negligible impact on predictive quality and a slight increase in firm profitability. Managerial implications: A rethink is required of the antidiscrimination laws, specifically with respect to the collection and use of protected attributes for ML models. Firms should be able to collect protected attributes to, at minimum, measure discrimination and ideally, take steps to reduce it. Increased data access should come with greater accountability for firms. History: This paper has been accepted for the Manufacturing & Service Operations Management Special Section on Responsible Research in Operations Management. Supplemental Material: The online appendix is available at https://doi.org/10.1287/msom.2022.1108. [ABSTRACT FROM AUTHOR]

This paper examines the underpinnings of religious freedom in Australia today. It does so by revisiting two High Court cases that explored the scope of section 116 of the Constitution and its impact on the law-making powers of the Commonwealth. It highlights afresh aspects of the state and federal anti-discrimination provisions that constrain religious expression. It examines the report of the Ruddock review into religious freedom carried out in 2018. It reviews the 2019 Israel Folau imbroglio. The paper concludes with some observations about the way in which the current religious freedom Bills proffered by the Morrison government for debate in 2020 do not disturb the symbiotic relationship that exists between religion and law in Australia today. [ABSTRACT FROM AUTHOR]

The article introduces various papers published in the second special issue of "Employee Responsibilities and Right Journal," as of June 1, 2004. The issue focuses on the evolving nature of employment relationship. The first paper in the journal, titled "Unfair Dismissal in Turkish Employment Law," by Kadriye Bakirci takes a cross-cultural look at the nature of arbitrary dismissal under employment at will. It looks at the process by which Turkey has attempted to alter long-held traditions in employment and social policy as well as challenges and controversies associated with such action. The final paper in the journal, titled "Keeping the Faith But Losing in Court: Legal Implications for Proselytizing in the Workplace," by Joel P. Rudin and Ellen Harshman explores issues of spirituality at work. According to the author, although teachings and lessons surrounding heightened spirituality may guide employees and employers in their treatment of employees, coworkers and customers, teachings of specified religions may be at odds with not only organizational priorities and policies but also relevant anti-discrimination laws. The paper opens the dialog on the issue of how to balance religious freedom and freedom of speech within the context of the law by creating an awareness of some of the potential issues which employers and employees may need to confront.

From personal trainers to plumbers, many Victorians are now asked by their employers to pass a working with children check ('WWCC'). Workplaces impose these policies despite not being 'child-related' under the Worker Screening Act 2020 (Vic). They therefore lack any legal requirement or entitlement to do so. As a consequence, persons with a criminal record are increasingly excluded from employment involving minimal or no contact with children. This paper explores the causes and consequences of unnecessary WWCC policies. Its aims are twofold: first, having regard to the statutory framework for WWCCs and recent developments in anti-discrimination law, it argues that these policies should be framed as a form of irrelevant criminal records discrimination. Secondly, it examines the scope and effectiveness of remedies available to those refused or fired from non-child-related work for failing to pass a WWCC: anti-discrimination complaints on the basis of irrelevant criminal records discrimination; fair work protections; and merits review of WWCC decisions by administrative tribunals. This paper closes by proposing WWCC applications should only be processed where applicants provide evidence of an intention to work with children, and that penalties should be imposed on non-childrelated employers requiring staff to pass a WWCC. [ABSTRACT FROM AUTHOR]

Copyright of IgualdadES is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper argues that xenophobia in South Africa is entangled in discourses of liberation struggle, which are often used to justify anti-foreigner violence. We first examine some existing academic explanations for xenophobia, namely internalised racism, poverty/inequality, nationalism, and township and informal settlement politics. To avoid deterministically explaining xenophobia as 'caused' by any of these factors, however, we introduce a concept from social psychology, the concept of 'working models of contact'. These are common frames of reference in which contact between groups is understood in terms of shared meanings and values. Xenophobic violence is not caused but instantiated in ways that are explained and justified according to particular understandings of the meaning of the 'citizen-foreigner' relationship. We then review three case studies of xenophobic violence whose perpetrators constructed a model of contact in which African 'foreigners' were undermining the struggles of South Africans in various socio-economic contexts. We also examine three cases where xenophobic violence was actively discouraged by invoking an inclusive rather than divisive form of struggle discourse. Thus the nature of the struggle itself becomes contested. We conclude by considering some dilemmatic implications that our analysis provokes. [ABSTRACT FROM AUTHOR]

In this paper, I study the impact of legal differences in state employment nondiscrimination acts (ENDAs) for gay men and lesbian women on labor market outcomes. Employing a DDD approach, I show that enacting an employment non-discrimination act is associated with increased wages of gay men and decreased employment of lesbian women. If all employment non-discrimination acts are treated as identical, these laws increased the hourly wages of gay men by 2.7% and decreased the employment of lesbian women by 1.7% and their hours worked by 0.7 hours. The results show that the strength of the law can result in heteroge-neous effects of the laws for gay men, but not for lesbian women. ENDAs with both punitive and compensatory damage provisions resulted in smaller wage increases for gay men than ENDAs with only compensatory damage provisions. ENDAs with longer statutes of limitations for complaints increased the employment of gay men, whereas laws with shorter statutes of limitations decreased employment. Based on the estimates from the state-level employment non-discrimination acts, I argue that extending federal protections under Title VII would lead to a small increase in the wages of gay men, but would significantly reduce the employment of lesbian women. [ABSTRACT FROM AUTHOR]

Universities that are incorporated under a secular charter face a number of challenges in claiming religious exemptions or religious character. These secularly chartered but religiously motivated universities (SCbRMU) often are attempting to get the best of both worlds, by maintaining entitlement to government funding that is exclusive to secular entities while also claiming religious protections. In this paper, Yeshiva University (YU) is used as a case study of the difficulties faced by these institutions. YU has been sued by a group of students and alumni for refusing to authorize an official LGBT club, and YU has argued that it is entitled to a religious exemption from New York City anti-discrimination laws. This paper discusses the history of YU and its relationship with LGBT rights, as well as relevant case law concerning religious education, discrimination on the basis of sexual orientation, and religious exemptions. The paper concludes with a discussion of the legal options a SCbRMU has when faced with these issues, including shedding part of its identity (either the religious or the secular), maintaining the status quo, and defiance. Ultimately, none of the options are ideal for such an institution, and the nature of the conflict for YU, when discrimination against funding religious institutions leads to the financial need for a secular charter, and the school's secular status then leads to difficulty receiving a religious exemption from anti-discrimination laws, show that society is not tolerant of ambiguity in this scenario, and institutions are better served if they avoid these contradictions. [ABSTRACT FROM AUTHOR]

As the many forms of intolerance are all interrelated, this paper extends previous research on multiple discrimination, its conceptualisation, perceptions, experiences and proposals for anti-discrimination policies. It provides the key results of a project aimed at developing a conceptual framework of multiple discrimination, plus some proposals for anti-discrimination policies. Several different research strategies were applied, combining the analysis of available data and materials produced by the research team itself. The first approach included the analysis of eurobarometers on discrimination in the European Union, along with nationwide surveys conducted in Spain. The primary data corresponded to both qualitative materials (gathered through focus groups and interviews with members of Spanish NGOs, policy makers and social experts), and quantitative data from a CAWI survey on teaching staff at Spanish universities. The diagnosis concluded with the proposal of several anti-discrimination policies to tackle multiple discrimination in societies where different experiences of discrimination converge. [ABSTRACT FROM AUTHOR]

It is widely agreed that victims of discrimination on traditional status grounds such as gender and race are overrepresented among the poor and undereducated. People living in poverty also face discrimination because of their socioeconomic situation. Many national, European and international antidiscrimination provisions prohibit discrimination on grounds that are related to a person's socioeconomic situation. It is striking, however, that this is hardly applied in practice. On the basis of domestic—Belgian, French and British—and European material, this paper argues that the prohibition of discrimination on grounds of social condition is an empowering legal tool in the protection of disadvantaged people, especially regarding issues of misrecognition. Four reasons for this are considered: the determining role of the prohibition of discrimination on grounds of social condition in applying a direct scrutiny of the socioeconomic underprivileged situation of the applicants, its role in combating stereotypes and stigma against poor people, its important cross-cutting function in cases of multiple discrimination, and its exclusive applicability in some occurrences of discrimination. [ABSTRACT FROM AUTHOR]

Purpose Despite significant anti-discrimination laws in most countries, gender pay gap still remains a substantial concern. The notion of comparable worth has been promoted for several years by the ILO and a few countries to fight against relatively lower female salaries. The purpose of this paper is to review the rationales for comparable worth and explain how gender biases, generally involved in traditional job evaluation, can be prevented.Design/methodology/approach To do this, after reviewing the motives, logics and three major applications of comparable worth logics in pay equity policies, the authors expose an analysis of a French sectorial job classification that the authors carried out as experts for establishing a French Equality Ombudsman’s guide.Findings The findings show how the redundancy and definition of job evaluation criteria, along with the weighting system, contributes to undervaluation of clerks jobs, predominantly held by women. The authors also highlight the main recommendations of the guide to prevent gender bias in job evaluation, that are derived from this case study, among others. The authors conclude on the difficulties of implementing comparable worth in France, in a period of long lasting economic crisis and of weak union power.Research limitations/implications The paper is based on a single case study, conducted for policy actors. It was not conducted at first for academic research purposes, and may thus have some methodological limitations. The implications of the research are, however, important at academic level – highlighting the persistence of gender bias – and at policy level, as it provides recommendations for negotiators.Practical implications The guide originally aimed at giving guidelines and “good practices” in order to prevent gender discrimination in job evaluation.Social implications The paper draws attention to the importance and difficulty of undergoing such classification changes in times of economic crisis. Stronger legal action seems necessary.Originality/value This experience is the first of its kind – promoted by the Ombudsman – in France. It has never been related in an academic journal as far as the authors know. [ABSTRACT FROM AUTHOR]

The EU has progressively introduced antidiscrimination enforcement measures like the duty to set up Equality Bodies (EBs) that applies to the ground of racial or ethnic origin, among others. Until recently, however, EU law only envisaged vague standards for EBs that allowed a wide range of national configurations. Building on international benchmarks, this paper draws a set of dimensions considered necessary to improve promotion-type EBs responsiveness to discrimination. These dimensions are applied to the British and Spanish EBs to illustrate how the gaps left by EU law may lead to the design of ineffective bodies. The paper argues that EBs can contribute to effectively tackling discrimination if they are designed to be responsive at individual and systemic levels. The 2018 EU Recommendation on Standards for EBs makes a step forward in that direction, but its practical relevance may be limited by its non-binding nature. [ABSTRACT FROM AUTHOR]

The Law Commission's Twelfth Programme of Law Reform involves reviewing the law applicable in Wales. 1. I am grateful to Gresham College for inviting me to give this year's Gray's Inn Reading.[1] It is a privilege to follow a long line of distinguished speakers from our beloved Inn, most recently, Lord Carlisle QC who spoke last year on "De-radicalisation - Illusion or Reality?" In its 2015 consultation paper on the form and accessibility of the law applicable in Wales, the Law Commission set out concerns about the inaccessibility of the law and asked questions about how both the quality of the law and access to it could be improved. It is also a fundamental constitutional principle, recognised in UK law, EU law and in the jurisprudence of the ECtHR. [Extracted from the article]

This paper examines the U.S. Supreme Court's use of social science. The paper begins by tracing the historical use of social science evidence by the Court. The crux of the paper is a comparison of how the Court has used social science evidence in death penalty, death qualified jury cases and employment discrimination cases. The examination reveals that the Court does not consistently rely on or accept social science. Regarding death penalty cases, the Court has consistently elaborated why it should not accept social science evidence that demonstrated the lack of a deterrent value and the inconsistent nature in which the death penalty is sought and applied. This is compared to the relative ease at which the Court accepts social science evidence demonstrating employment discrimination. The paper concluded with a discussion as to why these inconsistencies exist. [ABSTRACT FROM AUTHOR]

South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by people with albinism in South Africa to be classified as disabled. The question of whether albinism is classified as a disability or not is a controversial legal one, which does not always have a straightforward answer. A literature search indicates that in South Africa no comprehensive and analytical study has been carried out on the subject of albinism and disability, whereas this has already been addressed in court cases in the United States of America. This paper anticipates addressing this gap within a legal perspective. The objective of such an analysis is to understand the construction of disability under the Employment Equity Act in order to shed light on whether people with albinism qualify for the protection, which is afforded to people with disabilities in the work place. Foreign case law and international human rights law could shed new light on this longstanding grey area or stimulate the development of novel legal analytical strategies. This paper reviews the nature of disability claims in the workplace on grounds of albinism in the United States context, including factors contributing to disability claims; assessing the degree of impairment and the guidelines in assessing albinism related disability. Prior to this discussion, the paper explores the current working definition of disability in South Africa, which stems from the IMATU case, which relied significantly on a foreign precedent; the Sutton v United Airlines case as there was no indigenous precedent in South Africa to fall back on. It will be argued that the Sutton v United Airlines decision, referred to in the IMATU case is based on an insufficiently inclusive definition of disability. Specific cases that relied on the Sutton v United Airlines decision as a persuasive authority in determining whether albinism is a disability or not, will also be examined. While the United States of America has struck down the decision in the Sutton v United Airlines and amended its legislation to include a broader and less restrictive definition of disability, which includes present as well as past conditions and a subjective component of perceived disability, the South African definition of disability still remains narrow and less inclusive. The United States of America's amended legislation does not contain an exhaustive definition of disability; rather, an equality-based framework was chosen which considers changing biomedical, social and technological developments. This new definition highlights the fact that the emphasis must be on whether discrimination occurred rather than adherence to a strict definition of disability. Such a framework of disability includes a socio-political aspect, which places emphasis on human dignity, respect and the right to equality. Against this background, the comparative analysis raises specific issues that deserve attention, in particular that the unique disadvantages and negative stereotyping suffered by people with albinism should be recognised as unlawful conduct against people with disabilities as defined by legislation. Put differently, the discussion calls for a broader approach to viewing disability, which includes both a social and a human rights perspective. In taking the position that albinism related discrimination is socially constructed, the article also explores the mandate of the Convention on the Rights of Persons with Disabilities in as far as it relates to the social construction of disability. The paper argues that the Convention on the Rights of Persons with Disabilities affords a direction for an analysis of the discrimination faced by persons with albinism. [ABSTRACT FROM AUTHOR]