Dissertations / Theses on the topic 'Equal opportunities – Law and legislation'
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Chow, Lok-ning Eric, and 周樂寧. "Policy-making in an executive-led government: an analysis of the equal opportunities bill and the human rights andequal opportunities commission bill." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31964916.
Full textHanan, Natalie. "Some are more equal than others a look at the application of the Equal Opportunities Law /." [Gainesville, Fla.] : University of Florida, 2006. http://purl.fcla.edu/fcla/etd/UFE0014264.
Full textMamashela, Ntsoaki Lydia. "A comparison of the implementation of equal pay for work of equal value with Canadian law." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/18332.
Full textGregory, Jeanne. "Discrimination, employment and the law : a study of judicial and administrative procedures with special reference to the 1975 Sex Discrimination Act." Thesis, London School of Economics and Political Science (University of London), 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.294282.
Full textHlongwane, Nomagugu. "Commentary on South Africa's position regarding equal pay for work of equal value: a comparative perspective." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&.
Full textSmith, William J. 1947. "Equal educational opportunity for students with disabilities in Canada." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=41182.
Full textCorradi, Marco Claudio. "A law and economics analysis of corporate opportunities doctrines from a comparative perspective." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:f9469cef-a68f-4657-8275-d0eefb005faf.
Full textLuna, Bernardo D. "Investment opportunities in the Mexican financial markets." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64291.pdf.
Full textŠilerová, Kateřina. "Diskriminace žen v pracovním právu." Master's thesis, Vysoká škola ekonomická v Praze, 2012. http://www.nusl.cz/ntk/nusl-125101.
Full textHoward, Ryan Michael. "A clarification of the use of multiple regression analysis in meeting the burden of proof in compensation discrimination litigation." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50238.
Full textENGLISH ABSTRACT: The new set of employment equity laws call for South African organisations to justify their compensations systems. During compensation discrimination litigation, evidence is required to support arguments put before the court in order to meet the burden of proof. The similarity between foreign and domestic legal systems, suggests that the operational implications of foreign legislation will also be relevant to South Africa. This raises the debate as to the nature of fairness in the compensation context, the debate of comparable worth and the use of multiple regression analysis. The organisation must present to the court evidence to show that the choice of compensable constructs, their measurement and application does not discrimination directly or indirectly based on group membership. Multiple regression analysis, a statistical method to model the compensation system, is fraught with difficulties and misunderstanding. It is nevertheless the most appropriate method to investigate compensation fairness. Comparable worth and multiple regression analysis require assessment in the South African context. The issues, which hindered the successful use of multiple regression analysis abroad, are reviewed in order to smooth its entry into South African litigation. A framework is presented based on literature and case law whereby all parties concerned can produce and evaluate such evidence
AFRIKAANSE OPSOMMING: Die nuwe Anti-Diskrimineringswetgewing verlang van Suid-Afrikaanse organisasies om salarisstelsels te regverdig. Gedurende salarisdiskriminasielitigasie word bewys verlang om die bewyslas oor te dra. Die gelyksoortigheid van buitelandse en binnelandse regstelsels gee te kenne dat die operatiewe implikasies van buitelandse wetgewing relevant tot Suid-Afrika sal wees. Dit bevraagteken die aard van billikheid in die kompensasie konteks, die debat van vergelykbare waarde en die gebruik van veelvoudige regressieontleding. Die betrokke party moet bewys aan die hof toon om te bevestig dat die keuse van vergoedingskonstruksie, sowel as die meting en toepassing daarvan, nie onregverdig diskrimineer, ten opsigte van demografiese groepe me. Veelvoudige regressieontleding 'n statistiese metode wat gebriuk kan word om die salarissisteem voor te stel. Alhoewel dit vele onduidelikhede bevat, is dit steeds die mees toepaslike metode om salarisbillikheid te ondersoek. Vergelykbare waarde en meervoudige regressieontleding is in die Suid-Afrikaanse konteks geëvalueer. Die aspekte wat die sukses van die gebruik van meervoudige regressieontleding in ander lande verhinder het, is ondersoek en geëvalueer om die toekomstige toepassing daarvan in Suid-Afrika te vergemaklik. 'n Raamwerk gebaseer op literatuur en gevalle studies word voorgestel, waar al die betrokke partye sodanige bewys kan produseer en evalueer.
Rach, Margaret M. (Margaret Mannion). "The Impact of EEO Legislation Upon Selection Procedures for Transfer, Training and Development and Promotion." Thesis, North Texas State University, 1985. https://digital.library.unt.edu/ark:/67531/metadc331995/.
Full textVan, Wyk J. W. "A critical legal and economic analysis of the potential threats and opportunities associated with the outsourcing of e-commerce services in developing countries with specific emphasis on India and selective SADC countries." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
Full textFrey, Urszula Anna. "Working Women of Japan and Belgium as Seen Through Legislation and Media during the 80's and 90's." 京都大学 (Kyoto University), 2017. http://hdl.handle.net/2433/225695.
Full textBlack, Watt Lesley. "The Federal Constitution and Race-Based Admissions Policies in Public Charter Schools." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3159/.
Full textChavez, Joseph John. "Proposition 209." CSUSB ScholarWorks, 1998. https://scholarworks.lib.csusb.edu/etd-project/1783.
Full textByrne, Marion Helen. "Measuring compliance of non-forensic mental health laws with article 12 of the convention on the rights of persons with disabilities." Thesis, Queensland University of Technology, 2019. https://eprints.qut.edu.au/134260/2/Marion_Byrne_Thesis%5B1%5D.pdf.
Full textHarmse-Truter, Laurentia. "Disability, discrimination and equal opportunities : a comparative labour law study." Thesis, 2012. http://hdl.handle.net/10210/5967.
Full textThis study aims to investigate the different ways in which the position of people with disabilities can be addressed. Antidiscrimination legislation can play a very important role. Efforts to create equal opportunities must, however, not be limited to legislative initiatives and policy declarations. There is an urgent need for education and training of this minority group. 7 Systematic efforts to heighten public awareness of civil rights and in particular the recognition of the rights of the disabled community are imperative. This study aims to bring home the truth that "disability rights are an idea and ideal whose time has come. ,, When addressing the issue of disability discrimination (or for that matter any kind of discrimination) several principles need to be addressed, the most important being the following: The meaning of the concept of "equality" needs to be established. The fact that all people are equal, does not necessarily mean that all people must be treated the same. When speaking about disability discrimination one must know who forms part of the protected class. For that reason the first issue that must be addressed is the definition of "disability": This leads to the next question, namely which individuals should be protected by anti-discrimination laws and should they benefit from affirmative action measures? What is meant by the term "discrimination"? Is it at all permissible to distinguish between groups of people and, if so, when and which standards are to be applied? What role can anti-discrimination legislation fulfil in the struggle for equality? When dealing with anti-discrimination legislation, what is required in order to prove discrimination and what remedies must be available to an aggrieved party? Normally, in case of criminal action proof is required beyond reasonable doubt and in case of civil action on the balance of probabilities. 10 Civil action offers more effective remedies, but should it be punitive in nature (by awarding damages to the aggrieved party) or non-punitive (by putting the aggrieved party in his/her "rightful place")? What sort of enforcement mechanism is needed? Is it a task for the ordinary tribunals or rather a special body created for that purpose? What defences should be available to an employer accused of discriminatory practices? Who should benefit from enforcement? Only the individual victim or all members of that group? Is anti-discrimination legislation sufficient or is something in addition called for? If positive measures are required, what form must these measures take? This study will address these questions specifically with relation to people with disabilities.The "equality principle" will first be studied. Thereafter the concept of "disability" will be defined. There is a movement away from a medical model of disability towards a social model that takes account of the disabling effects of attitudes and structural barriers on the position of disabled people. Then the concept of "discrimination" will be addressed. Discrimination has many different forms and can take place in different contexts In the following chapter possible solutions to the problem of disability discrimination will be raised. Thereafter follows an important comparative analysis of different jurisdictions on international, supra-national and national level. Different jurisdictions have reached different stages in addressing this problem. The factual analysis of each jurisdiction will include the existence of any anti-discrimination legislative measures, the scope of the protected class, applicable employment provisions, defences available to employers, and the success achieved in addressing the problem. The contentious issue of affirmative action measures will also be addressed. By drawing inferences from the comparative study, suggestions will be made for future developments in South Africa. The conclusion is reached that it is imperative for South Africa to draft disability anti-discrimination legislation that takes account of the needs of this minority group. Legislative initiatives, however, are not enough and must be supported by various programmes aimed at the disabled themselves and the community that they live in. Only then can human rights become a reality also for people with disabilities.
STOTT, David. "Positive action, merit and the troublesome case of the innocent male victim : exploring the boundaries of equal oppttunities law and policy." Doctoral thesis, 1999. http://hdl.handle.net/1814/4797.
Full textExamining board: Prof. Yota Kravaritou, EUI (supervisor) ; Dr Christopher McCrudden, Lincoln College, Oxford ; Prof. Silvana Sciarra, EUI (co-supervisor) ; Prof. Spiros Simitis, Johann Wolfgang Goethe University, Frankfurt
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
BARNARD, Catherine. "A European litigation strategy : the case of the Equal Opportunities Commission." Doctoral thesis, 1990. http://hdl.handle.net/1814/5586.
Full textTanner, Bernard. "Social justice and equal treatment for pregnant women in the workplace." Thesis, 2012. http://hdl.handle.net/10210/5248.
Full textThis thesis critically evaluates the position of pregnant women (and women who have recently given birth) in the context of South African Labour Law and social security law, from both a comparative and a South African perspective. The fact that women fall pregnant and give birth to children, while men do not, raises issues of theoretical and practical importance in regard to equality issues. Pregnancy has historically been both the cause of and the occasion for the exclusion of many women from the workplace because of the practical difficulties many women face in reconciling the demands of paid work with family responsibilities – although there is no logical reason why women’s giving birth to children necessarily means that they should have primary responsibility for childcare. The underlying premise which underpins the subject matter of this thesis is that pregnant women are unfairly discriminated against in the workplace. While it cannot be denied that men and women are different and that the biological fact of pregnancy is a state unique to women, this “difference” has resulted in gender discrimination, and, more germane to this thesis, in pregnancy discrimination in the jurisdictions to be considered, namely, the United Kingdom, the European Union, SADC and South Africa. This thesis concentrates on various issues pertaining to pregnancy and maternity protection and emphasises the seemingly irreconcilable dichotomy between the desire to recognise and accommodate women’s unique role as child-bearers and the desire to achieve parity between the sexes in regard to conditions of employment, remuneration and general benefits. The central dilemma is whether women can be treated as equal to men in regard to opportunities, entry to the workplace and remuneration, on the one hand, and yet be treated in a special way when it concerns childbearing and childrearing, on the other. In this thesis it is argued that men and women are different and that social justice cannot therefore be achieved by equal treatment. In facing this challenge, legislatures and courts have become ensnared in the dichotomy of equality and distinction, and the question considered here is whether South Africa is fulfilling its constitutional and international obligations regarding the equal treatment, and the granting to them of equal opportunities and reasonable accommodation. This thesis develops an appropriate and relevant paradigm for pregnant women in the workplace. It identifies and highlights the existing deficiencies and lacunae in the South African legal system inherent in both labour law and social security law, and develops proposals for the possible amendment of the existing legislative framework by drawing largely on international, supranational, foreign and regional jurisdictions and by critically evaluating the current South African maternity terrain, particularly in the light of South Africa’s developing constitutional jurisprudence.
Strom, Arlene J. "The implementation of Ontario pay equity legislation." Thesis, 1994. http://hdl.handle.net/2429/5544.
Full textEbrahim, Shamier. "A critical analysis of equal remuneration claims in South African law." Diss., 2014. http://hdl.handle.net/10500/18836.
Full textMercantile Law
LL.M. (Labour law)
BARTOLETTI, Gloria. "La discriminazione basata sul sesso nel campo del lavoro : Il diritto comunitario e la sua ricezione in Italia e nel Regno Unito." Doctoral thesis, 1987. http://hdl.handle.net/1814/4557.
Full textSCOTT, Joanne. "An analysis of the interpretative approach of the U K courts and the European Court of Justice in relation to legal provisions guaranteeing equal pay for equal work for men and women." Doctoral thesis, 1988. http://hdl.handle.net/1814/5622.
Full textCAREY, Nelius. "Opening up Marriage to Same-sex Couples : why separate but equal is intrinsically disordered." Doctoral thesis, 2004. http://hdl.handle.net/1814/4589.
Full textDefence date: 5 February 2005
Examining board: Prof. Jacques Ziller (Supervisor, European University Institute) ; Prof. Marie-Ange Moreau (European University Institute) ; Prof. Robert Wintemute (King's College, London) ; Judge Wilhelmina Thomassen (Supreme Court of the Netherlands)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Ludvik, Tracey L. "Investigating the structural barriers to equal education in Oregon : how laws, rhetoric & values translate into practice." Thesis, 2003. http://hdl.handle.net/1957/37139.
Full textGraduation date: 2004
Netangaheni, Mphiriseni Irene. "A comparative analysis of employment discrimination in South Africa and Canada." Thesis, 2012. http://hdl.handle.net/10386/708.
Full textThe purpose of the study is to address the effects of employment discrimination in the workplace focussing on designated groups, by comparing South Africa and Canada. Canada is one of the few countries that have addressed the employment barriers of target groups with one encompassing piece of legislation. In this study reference was made at the constitutional provisions towards unfair discrimination, labour law materials, employment and statutory provision so that the future researcher could see where employment discrimination in South African and Canada originate and what is the position. In order to address employment discrimination in the workplace case laws, courts judgments and other jurisprudence were used. The scope focused in this study is broad as a researcher did not look at other forms of employment discrimination. Employment discrimination in South Africa and Canada exists, this implies that the employment discrimination between two countries could be comparable. Policies and practices in order to identify employment barriers facing the disadvantaged groups were discussed. Therefore critical look focused on the employment systems, policies and practices at workplaces and also identify employment barriers facing designated groups in relation to recruitment, job classification, remuneration, employment benefits, conditions of services and promotion. South Africa and Canada emanated from a historical background of inequalities. Such inequalities lead to discrimination. South Africa and Canada’s discrimination affected blacks, Aboriginal people, women and people with disabilities. The grounds of discrimination were discussed in full for both countries.
Tebele, Stephen Maloko. "Analysis of discrimination on the basis of sexual orientation in the workplace." Thesis, 2013. http://hdl.handle.net/10386/967.
Full textLike other forms of prohibited discriminations, discrimination on the basis of sexual orientation has become an area of concern in the workplace. The law prohibits discrimination in whatever form and declares it unlawful to discriminate people on the basis of sexual orientation. In this work, South African anti- discrimination provisions on the basis of sexual orientation will be emphasized, whereas foreign countries will only be referred to for the sake of comparative analysis. Discrimination of lesbian, gay, bisexual, transsexual and homosexual people (LGBTH) in the workplace is manifested by harassment and constructive dismissal through homophobia. Homophobia is a psychological concept which refers to the hatred of people after declaring their gay, lesbian or homosexual identities. This study reveals homophobic practices towards homosexuals as if they are not beneficiaries of contemporary democratic laws and dividends of democracy enshrined in Chapter 2 of the RSA Constitution of 1996 and Chapter 2 of the Employment Equity Act (EEA) 55 of 1998. To this, the research revealed an interesting corroboration in section 9(4) of the RSA Constitution of 1996, and section 6(1) of the EEA 55 of 1998, which provide that no person may unfairly discriminate another on the grounds of sexual orientation. The study has also revealed that among others, employment rights of people in South Africa and in foreign countries are being violated on the basis of sexual orientation. In most case laws, people who disclosed to their employers, that their gender identities are different to what was expected as straight genders and those who informed their employers about their intentions to undergo sex change surgeries are being hired and fired. The study also proved a point that when it comes to sexual orientation exclusion and discrimination, the same vulnerable groups of gays and lesbians are as well caught up in practices of sodomy and sexual harassments. Therefore, the remedies suggested by this research will also apply to everyone including gays and lesbians. To avoid controversy and issues, statutes and decided court cases have been stated as they are, in chapter 4 of this research, for the sake of comparative analysis in order to unravel the existing state of affairs through approaches from different jurisdictions.
Moifo, Manjaku Jesaya. "Indirect discrimination in the workplace : a comparison between South Africa and the United States of America." Thesis, 2012. http://hdl.handle.net/10386/709.
Full textIndirect discrimination is a concept which originated from the United States of America. The concept came about after the failure of anti- discrimination legislation to improve the position of Black Americans, particularly in the employment field. The legislature realized that there are structural practices and policies, in the employment field which affect certain racial groups negatively. These practices of discrimination were not clearly defined hence the meaning and interpretation of the concept was left to the administrative body, the Equal Employment Opportunity Commission (EEOC) and the courts. The concept was imported into the South African jurisprudence after the inception of the government of National unity in 1994. The new government was committed to bring to an end all forms of discrimination which were in the past practiced against the Black community. Section 9(3) of the Constitution of South Africa Act 1996 (Act 108 of 1996) proscribed direct and indirect discrimination. These sections served as the basis for sections 6(1) of the Employment Equity Act 1998 (Act 55 of 1998) which proscribes “unfair direct and indirect discrimination” in any employment policy or practice. Its scope is wide and allows Plaintiffs to prove their claims in jurisdictions where it could have been very difficult for them to do so. While in the United States, statistical evidence is required to prove indirect discrimination, this is not the case in South Africa as seen in the landmark case of v Leonard Dingler Employee Representative Council v Leonard Dingler (PTY) LTD (1998) 19 ILJ 285 (LC). In this case when the Court gave its decision it simply relied on the facts of the case instead of complicated statistical evidence. Seemingly this will apply only in more obvious cases. In more complicated cases, Plaintiffs will still need to submit statistics to prove their claim.
Žahourková, Zlata. "Případová studie nástrojů prosazování rovných příležitostí žen a mužů ve společnosti RWE CZ." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-323777.
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