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Journal articles on the topic 'Discrimination in employment law'

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Published: 4 June 2021
Last updated: 31 January 2023

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1

TOWNSHEND-SMITH, RICHARD. "DISCRIMINATION IN EMPLOYMENT." Industrial Law Journal 15, no. 1 (1986): 120–23. http://dx.doi.org/10.1093/ilj/15.1.120.

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2

HOUGH, BARRY. "DISCRIMINATION IN EMPLOYMENT." Industrial Law Journal 15, no. 1 (1986): 123–26. http://dx.doi.org/10.1093/ilj/15.1.123.

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3

FITZPATRICK, BARRY. "DISCRIMINATION IN EMPLOYMENT." Industrial Law Journal 17, no. 1 (1988): 125–27. http://dx.doi.org/10.1093/ilj/17.1.125.

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4

Napier, B. W. "AIDS, Discrimination and Employment Law." Industrial Law Journal 18, no. 2 (1989): 84–96. http://dx.doi.org/10.1093/ilj/18.2.84.

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5

Koen, Cliff. "Age discrimination in employment law." Employee Responsibilities and Rights Journal 4, no. 4 (December 1991): 329–30. http://dx.doi.org/10.1007/bf01385036.

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6

Robins, Caroline. "Employment Law SOS." Manufacturing Management 2020, no. 4 (April 2020): 14. http://dx.doi.org/10.12968/s2514-9768(22)90170-x.

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7

Verkerke, J. Hoult. "Notice Liability in Employment Discrimination Law." Virginia Law Review 81, no. 2 (March 1995): 273. http://dx.doi.org/10.2307/1073618.

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8

Thompson, Kerri A. "Countenancing Employment Discrimination." Texas A&M Law Review 8, no. 1 (May 2020): 63–88. http://dx.doi.org/10.37419/lr.v8.i1.2.

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Employing facial recognition technology implicates anti-discrimination law under Title VII of the Civil Rights Act when used as a factor in employment decisions. The very technological breakthroughs that made facial recognition technology commercially viable—data compression and artificial intelligence— also contribute to making facial recognition technology discriminatory in its effect on members of classes protected by Title VII. This Article first explains how facial recognition technology works and its application in employee background checks. Then, it analyzes whether the use of facial recognition technology in background checks violates Title VII under the disparate impact theory of liability due to the known issue of skewed data sets and disproportionate inaccuracy on some populations. The Article concludes by calling on the Equal Employment Opportunity Commission to issue specific guidance warning employers of impending liability under Title VII, including class action liability, due to the use of facial recognition technology, and to use its enforcement authority to file lawsuits against employers who continue to use the technology.
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9

Tomkins, Alan J. "Introduction: employment discrimination." Behavioral Sciences & the Law 17, no. 1 (January 1999): 1. http://dx.doi.org/10.1002/(sici)1099-0798(199901/03)17:1<1::aid-bsl331>3.0.co;2-e.

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10

Posthuma, Richard A., Mark V. Roehling, and Michael A. Campion. "Employment discrimination law exposures for international employers." International Journal of Law and Management 53, no. 4 (July 12, 2011): 281–98. http://dx.doi.org/10.1108/17542431111147792.

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11

Pollet, Susan L. "Book Review: Disability Discrimination in Employment Law." Journal of Psychiatry & Law 24, no. 4 (December 1996): 591–93. http://dx.doi.org/10.1177/009318539602400406.

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12

Meenan, Helen. "Age Discrimination: Law-Making Possibilities Explored." International Journal of Discrimination and the Law 4, no. 3 (September 2000): 247–92. http://dx.doi.org/10.1177/135822910000400303.

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Is there a sound model for the United Kingdom (UK) to adopt should it decide to legislate against age discrimination in employment? In this article the writer attempts to answer this question first, by outlining existing UK sex and race discrimination laws and then progressing to an examination of long-standing American legislation and caselaw in this area. Finally, it explores the Irish Employment Equality Act, 1998, a composite and comprehensive act which prohibits discrimination in employment based on ‘age’ and eight other grounds. The strengths and weaknesses of each of these laws are examined in turn and measured against each other. The final analysis would suggest that each of these models can usefully inform any future law-making process to a greater or lesser degree and that good practice and legislation can co-exist in harmony. Moreover, the present lack of legislation in the UK against age discrimination in any area but especially employment, is remarkable when compared with British laws on sex and race discrimination and is ultimately unwise in the face of the real need for remedies and, the present and growing expansion in numbers of that portion of the population and the working population which British and European society call ‘old.’
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13

Schmidt, Marlene, and Olga Rymkevich. "Editorial." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (December 1, 2005): 535–36. http://dx.doi.org/10.54648/ijcl2005025.

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Anti-discrimination legislation and case law dealing with employment discrimination are among the most topical labour law issues in Europe. As a result, The International Journal for Comparative Labour Law and Industrial Relations has received so many manuscripts on questions related to employment discrimination that we have decided to dedicate a complete issue to this matter. One reason why employment discrimination is such a hot topic is the fact that in recent years extensive EC legislation proscribing employment discrimination has been passed: Directive 2000/43/EC prohibiting discrimination on grounds of race and ethnic origin, Directive 2000/78/EC banning discrimination on grounds of religion or belief, disability, age or sexual orientation, and finally Directive 2002/73/EC amending Directive 76/207/EEC barring sex discrimination in employment and occupation. And a correction in the paper by Kees J. Vos (Vol 21.3)
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14

Thüsing, Gregor. "Following the U.S. Example: European Employment Discrimination Law and the Impact of Council Directives 2000/43/EC and 2000/78/EC." International Journal of Comparative Labour Law and Industrial Relations 19, Issue 2 (June 1, 2003): 187–218. http://dx.doi.org/10.54648/ijcl2003011.

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Abstract: European employment discrimination law has made a major step forward recently: Council Directives 2000/43/EC and 2000/78/EC aim to prohibit the employer from discriminating because of race or ethnic origin, religion or belief, disability, age and sexual orientation. Similar anti-discrimination provisions were enacted many years ago in the United States. In the light of the experience of the U.S. courts with these statutes, this article intends to explore possible consequences of the new Directive for the Member States’ employment law.
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15

Lurie, Lilach. "Should Age Discrimination Be an Integral Part of Employment Discrimination Law?" Theoretical Inquiries in Law 21, no. 1 (February 26, 2020): 103–38. http://dx.doi.org/10.1515/til-2020-0006.

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AbstractThis Article argues that a universal approach to age discrimination promotes justice (including intergenerational justice) and efficiency. As explained herein, legal regimes regulate age discrimination in employment in various ways. While some regimes create specific anti–age discrimination legislation, others ban most kinds of employment discrimination, including age discrimination, in a general way. These latter promote a universal approach to age discrimination. The current Article explores the theoretical justifications for either a particularistic or a universal approach to age discrimination. Additionally, it enriches its theoretical discussion by taking and presenting a snapshot of current litigation in Israel – a country that has adopted a universal approach to age discrimination.
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16

Rohsangheon. "Legal Issues of the Employment Discrimination Law and Discrimination Remedy System." Seoul Law Review 20, no. 3 (February 2013): 37–77. http://dx.doi.org/10.15821/slr.2013.20.3.002.

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17

Bell, Mark. "People with Intellectual Disabilities and Employment Discrimination Law: A US Case Study." International Journal of Comparative Labour Law and Industrial Relations 35, Issue 4 (December 1, 2019): 401–26. http://dx.doi.org/10.54648/ijcl2019019.

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This article explores how anti-discrimination law has been applied in relation to employment discrimination faced by people with intellectual disabilities. Although disability discrimination laws are now found in many states, there has been relatively little litigation by those with intellectual disabilities as regards employment discrimination. This article examines experience in the USA in order to identify the potential of anti-discrimination law, as well as its limitations in practice. It considers litigation brought by individual plaintiffs, as well as enforcement actions by public bodies. This concerns employment in the open labour market, but also sheltered employment schemes. The article concludes by reflecting on what lessons may be derived from US experience.
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18

Grossman, Paul David. "Employment Discrimination Law for the Learning Disabled Community." Learning Disability Quarterly 15, no. 4 (November 1992): 287–329. http://dx.doi.org/10.2307/1511319.

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The newly expanded right of individuals with learning disabilities (LD) to be free from discrimination in employment presents the learning disabled community with a promising and exciting challenge. A comprehensive review of court decisions concerning persons with learning disabilities demonstrates that it is not always easy to convince employers and judges that individuals with learning disabilities are covered by disability discrimination laws, that such persons may be entitled to “reasonable accommodation” in order to perform their jobs competently, or that use of expert advice by employers may be necessary to identify the most effective way to remove traditional barriers to the employment of persons with learning disabilities. Several strategies are described for developing disability employment discrimination law in a direction favorable to the LD community. This discussion should ensure that individuals with learning disabilities and the persons who advise them place neither too much nor too little reliance upon disability employment discrimination law when setting career goals or deciding how to redress adverse treatment by an employer. The information contained in this article also provides insight to experts in learning disabilities about their crucial role in the development of the law.
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19

III, John J. Donohue, and Richard A. Epstein. "Advocacy versus Analysis in Assessing Employment Discrimination Law." Stanford Law Review 44, no. 6 (July 1992): 1583. http://dx.doi.org/10.2307/1229028.

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20

Khan, Andy, and Bruce Spencer. "Law commentary: discrimination in union influenced employment recruitment." Industrial Relations Journal 17, no. 2 (June 1986): 171–75. http://dx.doi.org/10.1111/j.1468-2338.1986.tb00534.x.

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21

Akhtar, Zia. "Discrimination in employment, religious symbols and the “actual knowledge” of the employer." International Journal of Discrimination and the Law 19, no. 2 (April 15, 2019): 125–49. http://dx.doi.org/10.1177/1358229119837470.

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The Title VII of the US Civil Rights Act of 1964, 42 U.S.C. section 2000e, et seq., as amended (“Title VII”), prohibits employers with at least 15 employees (including private sector, state, and local government employers), as well as employment agencies, unions, and federal government agencies, from discriminating in employment based on race, color, religion, sex, or national origin. It also prohibits retaliation against persons who complain of discrimination or participate in an Equal Employment Opportunity investigation. The US Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit workplace discrimination and it has intervened by the federal body to prevent religious discrimination by corporations which seem to be breaching the law by discriminating against their employees. In EEOC v. Abercrombie & Fitch 575 U.S. ____ (2015), the US Supreme Court held that a religious practice of an employee should be accommodated if it does not cause “undue hardship.” The Court then formulated the principle that applicant does not have to show that the employer had “actual knowledge” of the applicant’s need for accommodation. Instead, the Court held that “an applicant need only show that his need for an accommodation was a motivating factor in the employer’s decision.” This has given the scope to a Chapter VII definition that stops short of strict liability but binds the employer to facilitate the employee where religious symbols are concerned. This article reviews the recent case law on discrimination in the work place and the disparate treatment test interpreted by the Supreme Court in the framework of employment law for religious employees and argues that the employer’s actual knowledge requirement depends upon the circumstances of each case.
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22

Sychenko, E., M. Laruccia, D. Cusciano, R. Korde, K. Nagadia, I. Chikireva, J. Wang, and N. Carrim. "Gender Discrimination in Employment: BRICS Countries Overview." BRICS Law Journal 9, no. 2 (July 14, 2022): 30–71. http://dx.doi.org/10.21684/2412-2343-2022-9-2-30-71.

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This article investigates the phenomenon of gender equality in employment in the BRICS countries where it is one of the factors hampering the economic development and basic human rights. The authors examine the international obligations of these states under the human rights treaties of the United Nations Organization (UNO) and the International Labour Organization (ILO), compare the national anti-discriminatory norms with the international standards (ILO Conventions and the Convention on the Elimination of all Forms of Discrimination Against Women) and evaluate the observations of the relevant international bodies recently adopted in respect of the BRICS states. In particular, the activities of the Committee on the Elimination of Discrimination Against Women and the ILO Committee of Experts on the Application of Conventions and Recommendations are reviewed. In the paragraphs that follow, the national legislation and case-laws are examined. Furthermore, the reasons for the persistent gender stereotypes in the labor market, as well as the general attitude toward women’s roles in society in each country are reviewed. The authors identify the obstacles to achieving true gender equality in the workplace and formulate recommendations for improving protections against discrimination of women in employment as well as ensuring equal access to employment and promotion.
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23

Recktenwald, Mark E. "Collateral Attacks on Employment Discrimination Consent Decrees." University of Chicago Law Review 53, no. 1 (1986): 147. http://dx.doi.org/10.2307/1599619.

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24

Verkerke, J. Hoult. "Compensating Victims of Preferential Employment Discrimination Remedies." Yale Law Journal 98, no. 7 (May 1989): 1479. http://dx.doi.org/10.2307/796751.

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25

Baker, A. "Proportionality and Employment Discrimination in the UK." Industrial Law Journal 37, no. 4 (December 1, 2008): 305–28. http://dx.doi.org/10.1093/indlaw/dwn016.

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26

Lyutov, Nikita L. "Defining the employment discrimination: International labor standards and the Russian approach." Vestnik of Saint Petersburg University. Law 13, no. 4 (2022): 1041–57. http://dx.doi.org/10.21638/spbu14.2022.413.

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The article contains an analysis of approaches to the definition of employment discrimination from the point of view of compliance of Russian legislation and case-law with international labor standards. The prohibition of discrimination includes ensuring equal opportunities for employees, which sometimes implies the provision of additional guarantees for certain categories of employees (affirmative action). The problem with such affirmative action norms established by law is that they themselves can be discriminatory. The courts’ qualification of discrimination is inevitably judgmental and is based both on the values of society and on the subjective opinion of the judge. In this regard, it is important to understand the boundaries between legal differentiation and illegal discrimination according to international labor standards. The article deals with certain aspects of the Russian affirmative action norms in employment which subject to debates regarding their discriminative nature. The norms concerning parental leaves granted only to male military personnel, the list of professions with harmful and dangerous working conditions prohibited for women, the restriction of dismissal of pregnant women at the initiative of the employer (in comparison with the norms on protection from dismissal of trade union activists and parents of disabled children), the ban on dismissal of elderly employees, as well as the possibility of concluding fixed-term employment contracts with them are analyzed and evaluated in the article. The article draws conclusions about the need to harmonize the approaches of the Russian legislation and case-law on these issues with international labor standards developed within the framework of the International Labour Organisation, the United Nations and the Council of Europe.
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27

III, John J. Donohue. "Employment Discrimination Law in Perspective: Three Concepts of Equality." Michigan Law Review 92, no. 8 (August 1994): 2583. http://dx.doi.org/10.2307/1290003.

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28

McMullen, Anthony Lamar. "The impact of recent employment-discrimination decisions." Journal of Entrepreneurship and Public Policy 5, no. 1 (April 11, 2016): 113–20. http://dx.doi.org/10.1108/jepp-03-2014-0016.

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Purpose – The purpose of this paper is to inform small business owners about recent Supreme Court rulings interpreting Title VII of the Civil Rights Act. Design/methodology/approach – A review of recent Supreme Court rulings. Findings – Recent Supreme Court rulings have increased the plaintiff’s burden of proof in employment-discrimination cases in the USA. Practical implications – Assuming that Congress does not legislatively overrule these decisions, business owners (including small business owners) should find it easier to shield themselves from employment-discrimination claims. However, this change should not be considered license to be less vigilant when it comes to preventing employment discrimination. Originality/value – While there have been numerous reports on this law in the legal community, the primary audience for this piece is the business owner. The author’s goal is to provide a combination of background information and practical advice, making this valuable to business owners who are not versed in the law.
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29

NIK SALEH, NIK SALIDA SUHAILA. "PROTECTION AGAINST PRE-EMPLOYMENT DISCRIMINATION IN MALAYSIA." Malaysian Journal of Syariah and Law 8, no. 1 (June 1, 2020): 1–8. http://dx.doi.org/10.33102/mjsl.vol8no1.219.

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The principles of equal rights and non-discrimination as well as the right to equality before the law and equal protection of the law are fundamental human rights principles enshrined under Article 55 of United Nations Charter and Article 7 of the Universal Declaration of Human Rights (UDHR). The UDHR, international human rights standards and state practise consistently view employment and the right to work to include pre-employment. Therefore, rights during pre-employment would also fall within the scope of right to work regime. It is important to stress that the employer must not make employment decisions based on personal characteristics such as gender, race, nationality, ethnic origin, religion or belief, disability, age or any unrelated issues to inherent job requirements. Employer must base the employment relationship on the principle of equal opportunity and fair treatment and will not discriminate with respect to all aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, promotion, termination of employment or retirement, and discipline. This paper will analyse the international laws, laws of other jurisdictions and Malaysian laws on protection against pre-employment discrimination. Recommendations would be accorded to ensure that Malaysia guarantee equal rights among jobseekers
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30

Vickers, Lucy. "IS ALL HARASSMENT EQUAL? THE CASE OF RELIGIOUS HARASSMENT." Cambridge Law Journal 65, no. 3 (November 23, 2006): 579–605. http://dx.doi.org/10.1017/s0008197306007239.

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IN 2000 the Employment Directive was enacted by the European Community, creating a framework for combating discrimination in employment on grounds not previously covered by Community law, namely religion or belief, disability, age and sexual orientation. To a large extent the definitions of discrimination are uniform in relation to the different grounds of discrimination. In accordance with the Directive, new Regulations have been introduced in the UK prohibiting discrimination on grounds of religion or belief (the Religion and Belief Regulations) and sexual orientation, and amendments have been made to some aspects of the law governing discrimination on grounds of race, sex and disability. Age discrimination is subject to regulations which came into force in October 2006. One common aspect of these new laws and amendments is that the concept of harassment is specifically defined, instead of being viewed as a form as discrimination.
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31

Kristen, Elizabeth. "Addressing the Problem of Weight Discrimination in Employment." California Law Review 90, no. 1 (January 2002): 57. http://dx.doi.org/10.2307/3481306.

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32

SKIDMORE, P. "COMMENTARY: Sex, Gender and Comparators in Employment Discrimination." Industrial Law Journal 26, no. 1 (March 1, 1997): 51–61. http://dx.doi.org/10.1093/ilj/26.1.51.

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33

Bell, Mark. "Combating Racial Discrimination Through the European Employment Strategy." Cambridge Yearbook of European Legal Studies 6 (2004): 55–71. http://dx.doi.org/10.1017/s1528887000003578.

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During the last decade, the European Union has taken a variety of initiatives that together form a policy on combating racial discrimination. Understandably, legal academics have so far devoted greatest attention to the legislative initiatives, most notably, the EU Race Directive. The Directive is striking, both because of its broad material scope (covering areas such as employment, education, housing and healthcare), but also as a result of the new directions that it introduced into EU antidiscrimination law. Whilst it is certainly the centrepiece of EU anti-racism policy, it is part of a broader policy framework. This includes other, less auspicious legal instruments, as well as various public expenditure programmes. The EU Monitoring Centre on Racism and Xenophobia provides an institutional dimension to the anti-racism policy.
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34

Eisenstadt, Leora F., and Jeffrey R. Boles. "Intent and Liability in Employment Discrimination." American Business Law Journal 53, no. 4 (October 26, 2016): 607–75. http://dx.doi.org/10.1111/ablj.12086.

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35

Reed, Alex. "NAFTA 2.0 and LGBTQ Employment Discrimination." American Business Law Journal 57, no. 1 (March 2020): 5–44. http://dx.doi.org/10.1111/ablj.12154.

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36

Terpstra, David E., and André L. Honorée. "Differences in the nature of employment discrimination litigation between private sector organizations and public sector organizations." International Journal of Discrimination and the Law 16, no. 4 (July 24, 2016): 200–213. http://dx.doi.org/10.1177/1358229116645677.

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This study reports on the results of a content analysis of federal court cases examining employment discrimination litigation in private, federal, and state/local sector organizations. One objective was to determine whether there are differences in the types of employment discrimination claims (e.g. race, sex, age, and disability) across the different sectors. A second objective was to determine whether there are differences in the outcomes (whether the case outcome or ruling was for the plaintiff or the defendant) of the different types of employment discrimination cases across the different sectors. The results of this study indicate that there are substantial differences in both the types of discrimination charges and the outcomes of those discrimination charges across the different sectors. The implications of the most significant findings are discussed, and recommendations are offered to organizations interested in reducing the occurrence of employment discrimination and the costs associated with employment discrimination litigation.
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37

Sunstein, Cass R. "Why Markets Don't Stop Discrimination." Social Philosophy and Policy 8, no. 2 (1991): 22–37. http://dx.doi.org/10.1017/s0265052500001114.

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Markets, it is sometimes said, are hard on discrimination. An employer who finds himself refusing to hire qualified blacks and women will, in the long run, lose out to those who are willing to draw from a broader labor pool. Employer discrimination amounts to a self-destructive “taste” – self-destructive because employers who indulge that taste add to the costs of doing business. Added costs can only hurt. To put it simply, bigots are weak competitors. The market will drive them out.On this account, the persistence of employment discrimination on the basis of race and sex presents something of a puzzle. And if markets are an ally of equality and a foe of employment discrimination, perhaps discrimination persists because of something other than markets. Perhaps labor unions are to blame; perhaps the real culprit is the extensive federal regulation of the employment market, including minimum-wage and maximum-hour laws and unemployment compensation. If competitive markets drive out discrimination, the problem for current federal policy lies not in the absence of aggressive anti-discrimination law, but instead in the absence of truly competitive markets.If this account is correct, the prescription for the future of anti-discrimination law is to seek ways to free up employers from the wide range of governmental disabilities – including, in fact, anti-discrimination law itself. The argument seems to be bolstered by the fact that some groups subject to past and present prejudice – most notably, Jews and Asian-Americans – have made substantial progress in employment at least in part because of the operation of competitive markets.
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38

Jr., Richard J. Hunter,, John H. Shannon, and Henry J. Amoroso. "Employment Discrimination Based on Age: Part II: Applying the ADEA in Employment Scenarios: Discrimination, Idle Chatter, or Something Else?" Journal of Public Administration and Governance 9, no. 1 (January 22, 2019): 1. http://dx.doi.org/10.5296/jpag.v9i1.14253.

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This article is Part II of a study on the effects of age discrimination in the workplace. In Part I, we considered the origins of the debate on age discrimination and looked at the demographic information that led to the passage of the Age Discrimination in Employment Act (ADEA) in 1967. In Part II, we raise an important question: Is age discrimination still a real problem? The article analyzes the Act through an application to two employment scenarios by looking at the scope of protection, amendments to the original law, the costs of age discrimination to employers, important exceptions to the ADEA, defenses to ADEA charges, procedures for filing an ADEA claim, and waiver provisions. In addition, the article looks carefully at procedural requirements for filing an ADEA claim, remedies available to an aggrieved party, and to questions relating to retaliation by an employer. Finally, the authors consider the question of employer liability for actions undertaken by employers and other parties which are found to be in violation of the law. In doing so, the authors provide answers to the questions raised in the scenarios described at the outset of the article.
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39

Arnold, N. Scott. "Postmodern Liberalism and the Expressive Function of Law." Social Philosophy and Policy 17, no. 1 (2000): 87–109. http://dx.doi.org/10.1017/s0265052500002545.

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In 1992, the city of Boulder, Colorado, passed an ordinance forbidding discrimination against homosexuals in employment and housing. Two years later, voters in the state of Colorado passed a constitutional amendment forbidding the passage of local ordinances prohibiting this form of discrimination. The constitutional amendment did not mandate discrimination against homosexuals; it merely nullified ordinances such as Boulder's. The amendment was later struck down by the U.S. Supreme Court as unconstitutional.
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40

Dewi W, Imma Indra. "ANTI-DISCRIMINATION IN EMPLOYMENT REGULATION FOR PERSONS WITH DISABILITIES IN INDONESIA." Yustisia Jurnal Hukum 8, no. 1 (April 28, 2019): 133. http://dx.doi.org/10.20961/yustisia.v0ixx.28016.

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<p>Anti-discrimination is known as equal opportunity and treatment which is the right of every citizen in each aspects of life. The principles of anti-discrimination must be included in every product of legislation, including the employment regulation for persons with disabilities in Indonesia. Anti-discrimination in employment regulation for persons with disabilities have been included in the Indonesian constitution. In addition, it has also been adopted in various articles on legislation,regulating about employment for persons with disabilities, namely Law Number 3 of 2013, Law Number 19 of 2011 and LawNumber 8 of 2016. In substance, the law that guarantees the rights of persons with disabilities in a number of laws and regulations in Indonesia is sufficient. However, the regulation in Law Number 13 of 2003 on The Labor Law is not yet clear. Adjustments need to be made on Law Number 13 of 2003, Law Number 19 of 2011, and Law Number 8 of 2016. The need for the many provisions of labor laws that have not been implemented, thus it requires affirmative action to realize equal opportunities in all aspects of life and livelihood for persons with disabilities.</p>
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41

Peck, Karen L. "Union Liability under the Age Discrimination in Employment Act." University of Chicago Law Review 56, no. 3 (1989): 1087. http://dx.doi.org/10.2307/1599762.

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42

Siegel, Reva B. "Employment Equality under the Pregnancy Discrimination Act of 1978." Yale Law Journal 94, no. 4 (March 1985): 929. http://dx.doi.org/10.2307/796291.

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43

Schiek, Dagmar. "Age discrimination before the ECJ – conceptual and theoretical issues." Common Market Law Review 48, Issue 3 (June 1, 2011): 777–99. http://dx.doi.org/10.54648/cola2011032.

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Although only addressed by EU law from 2000, age discrimination has been the theme of quite a few cases before the Court of Justice, with a high proportion decided by the Grand Chamber recently. This is due to the conceptual and theoretical challenges that a prohibition to use age as differentiating factor poses. After all, age has been an important stratifier used to synchronize life courses through welfare State regimes in Europe. Partly due to these traditions, there are stereotypes associated with old age, and young age, that in turn lead to disadvantage in employment. For the same reason, age discrimination frequently intersects with discrimination on other grounds, such as sex, race or disability. EU legislation on age discrimination has sought to accommodate the traditional role of age in employment policy by allowing wider justifications than for other forms of discrimination. This leads to contradictions within the larger field of discrimination law, which may even threaten to dilute its efficiency. This article analyses how recent case law of the Court of Justice, and in particular its Grand Chamber, deals with the theoretical challenges posed by these conflicting demands on age discrimination and on discrimination law at large.
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44

Ross, June. "Sex Discrimination: Employment Law and Practices by Arjun P. Aggarwal." Alberta Law Review 33, no. 3 (June 1, 1995): 706. http://dx.doi.org/10.29173/alr1136.

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Johns, Roger J. "The Matrix: A Pedagogical Tool for Teaching Employment Discrimination Law." Journal of Legal Studies Education 25, no. 1 (February 2008): 75–106. http://dx.doi.org/10.1111/j.1744-1722.2008.00047.x.

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46

Kulow, Marianne DelPo. "Teaching Disability Employment Discrimination Law: Accommodating Physical and Mental Disabilities." Journal of Legal Studies Education 29, no. 2 (June 2012): 335–62. http://dx.doi.org/10.1111/j.1744-1722.2012.01110.x.

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47

Ledvinda, James, Jan W. Henkel, and Kristin L. Walsh. "Understanding the Risk of Personal Liability for Employment Discrimination Law." Employment Relations Today 27, no. 4 (2001): 43–55. http://dx.doi.org/10.1002/ert.16.abs.

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48

Ledvinda, James, Jan W. Henkel, and Kristin L. Walsh. "Understanding the risk of personal liability for employment discrimination law." Employment Relations Today 27, no. 4 (2000): 43–55. http://dx.doi.org/10.1002/ert.3910270406.

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49

Peres, Catarina Vieira. "EU Case Law Developments on Age Discrimination." Market and Competition Law Review 2, no. 2 (October 1, 2018): 151–77. http://dx.doi.org/10.7559/mclawreview.2018.328.

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The principle of non-discrimination on grounds of age has been declared an autonomous EU law principle by the European Court of Justice. This principle has been specified in a Directive, but its scope of application is currently limited to employment and occupational activities. The Directive protects both younger and older workers from being directly or indirectly discriminated due to their age. However, given the specificity of age as a factor of discrimination, the Directive allows the Member States to apply some derogations to this principle if, within the context of national law, they are objectively and reasonably justified by a legitimate aim. In the present contribution, we intend to analyse the Court’s application and interpretation of the principle of non-discrimination on grounds of age as established in the Directive and comment on some of the most relevant preliminary rulings. In many of these rulings, the Court was asked whether the Directive precludes national norms which establish a mandatory retirement age or foresee the termination of the employment contract when the worker reaches a certain age. The Court’s interpretation of the principle of non-discrimination on grounds of age, as established in the Directive, could contribute to easing some of the EU´s current economic, social and demographic challenges and to the improvement of European workers’ lives; however, the Court seems to accept Member States’ derogations to this principle too easily.
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Xenidis, Raphaële. "The Polysemy Of Anti-Discrimination Law: The Interpretation Architecture Of The Framework Employment Directive At The Court Of Justice." Common Market Law Review 58, Issue 6 (December 1, 2021): 1649–96. http://dx.doi.org/10.54648/cola2021108.

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This article proposes a new explanatory framework to understand the transversal developments that have emerged from the recent case law of the Court of Justice of the EU on the Framework Employment Directive. It argues that the Court operates a functional differentiation in the implementation of anti-discrimination norms, which gives rise to a complex interpretation architecture. Following the constitutionalization of EU equality law, the Court reads three main functions into the Framework Employment Directive: socialization, integrity, and calibration. This differentiation gives rise to competing interpretive paradigms and analytical templates that affect the level and shape of equality protection under the Directive. Directive 2000/78/EC, Charter of Fundamental Rights, Equality, Discrimination, non-discrimination, Functional differentiation, Socialization, Integrity, Calibration, Competing interpretive paradigms, Framework Employment Directive
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