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1
Davison, Heather K., and Michael J. Burke. "Sex Discrimination in Simulated Employment Contexts: A Meta-analytic Investigation." Journal of Vocational Behavior 56, no. 2 (April 2000): 225–48. http://dx.doi.org/10.1006/jvbe.1999.1711.
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Seiden, Richard H., and Molly Gleiser. "Sex Differences in Suicide among Chemists." OMEGA - Journal of Death and Dying 21, no. 3 (November 1990): 177–89. http://dx.doi.org/10.2190/buab-6twh-mrqm-bk74.
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Suicides among twenty-eight female chemists and among sixty-three male chemists were investigated for age, marital status, educational qualifications, type of employment, minority status, chemical specialties, and method of suicide. Although work played a significant part in suicides by both males and females, there were marked sex differences. Isolation, the leading work-related factor, occurred more frequently and with greater intensity among women. Similarly, while the majority of women suffered some form of sex discrimination, none of the men did. The leading nonwork-related causes were interpersonal problems and mental illness, the latter also more common among women. Low self-esteem coupled with high achievement orientation was a dangerous combination of personality characteristics found twice as frequently in suicides by female as by male chemists. In conclusion, suicide prevention guidelines are proposed.
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Cruz-Morato, Marco Antonio, Josefa García-Mestanza, and Carmen Dueñas-Zambrana. "Special Employment Centres, Time Factor and Sustainable Human Resources Management in Spanish Hotel Industry: Can Corporate Social Marketing Improve the Labour Situation of People with Disabilities?" Sustainability 13, no. 19 (September 27, 2021): 10710. http://dx.doi.org/10.3390/su131910710.
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Background: Low-quality jobs, long working hours and difficult scheduling of hours have been usually reported in the hotel industry. The situation is more difficult for people with disabilities (PWD), even more in the COVID-19 crisis, especially in terms of labour inclusion (due to the labour discrimination usually suffered by this collective). Thus, Special Employment Centres (SEC) have been created in Spain to spread protected employment of PWD. Although they are improving the situation in the short term, the long-term impact developing sustainable employment is not clear. The objective of this paper is to analyze the Spanish situation, the possible differences between sheltered employment and the ordinary labour market, how SEC could be improving (or not) their labour situation in the hotel sector in the long term, and the potential of incorporating Corporate Social Marketing to overcome the problem. Methods: A content bibliographic analysis has been carried out according to the latest research about this topic, using a ProKnow-C methodology. Results: There seems to be two different groups of papers (supply and demand sides), being the supply side one (focused on HR practices about PWD inclusion and managers’ perceptions of workers with disabilities) more related to our research objective. Furthermore, few articles were found about SEC and Corporate Social Marketing in relation to this topic, highlighting the originality of this research approach. Conclusions: According to our bibliographic portfolio, the presence of labour discrimination in the regular market is more evident; and, in the long term, two opposite situations could be happening simultaneously: (a) SEC would be reinforcing the social stigma, hindering the labour situation of PWD; (b) SEC could be changing the social perspectives of clients and all society in a positive manner. Therefore, it would be necessary to go in-depth into the present subject, from an academic but also practical perspective, incorporating an innovative Corporate Social Marketing approach in order to shed new light on this issue and improving effective sustainable employment of PWD.
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Sur, Gina, and Brian H. Kleiner. "Sex Discrimination in Employment: Everyone's Problem." Equal Opportunities International 14, no. 6/7 (June 1995): 54–60. http://dx.doi.org/10.1108/eb010650.
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Sansone, Dario. "Pink work: Same-sex marriage, employment and discrimination." Journal of Public Economics 180 (December 2019): 104086. http://dx.doi.org/10.1016/j.jpubeco.2019.104086.
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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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Skaggs, Sheryl, and Jennifer Bridges. "Race and Sex Discrimination in the Employment Process." Sociology Compass 7, no. 5 (April 17, 2013): 404–15. http://dx.doi.org/10.1111/soc4.12037.
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Flynn, Leo. "Book Review: Justifications for Sex Discrimination in Employment." International Journal of Discrimination and the Law 1, no. 3 (March 1996): 299–301. http://dx.doi.org/10.1177/135822919600100309.
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Herbert, Ari. "Portlandia, Ridesharing, and Sex Discrimination." Michigan Law Review Online, no. 115 (2016): 18. http://dx.doi.org/10.36644/mlr.online.115.portlandia.
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This Essay discusses and assesses the legal hurdles that See Jane Go and SafeHer may face. Part I of this Essay explains how the plain text of Title VII and the pertinent Equal Employment Opportunity Commission (EEOC) guideline can fairly be read either to allow or condemn See Jane Go and SafeHer’s hiring practices. Part II then highlights precedent that supports See Jane Go’s and SafeHer’s discriminatory driver–passenger practices. Part III concludes by arguing that the legal system ought to make room for apps like See Jane Go and SafeHer in the current framework.
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Herbert, Ari. "Portlandia, Ridesharing, and Sex Discrimination." Michigan Law Review Online, no. 115 (2016): 18. http://dx.doi.org/10.36644/mlr.online.115.portlandia.
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This Essay discusses and assesses the legal hurdles that See Jane Go and SafeHer may face. Part I of this Essay explains how the plain text of Title VII and the pertinent Equal Employment Opportunity Commission (EEOC) guideline can fairly be read either to allow or condemn See Jane Go and SafeHer’s hiring practices. Part II then highlights precedent that supports See Jane Go’s and SafeHer’s discriminatory driver–passenger practices. Part III concludes by arguing that the legal system ought to make room for apps like See Jane Go and SafeHer in the current framework.
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McGinley, Ann. "Erasing Boundaries: Masculinities, Sexual Minorities, and Employment Discrimination." University of Michigan Journal of Law Reform, no. 43.3 (2010): 713. http://dx.doi.org/10.36646/mjlr.43.3.erasing.
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This Article analyzes the application of employment discrimination law to sexual minorities-lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws' treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities. While the Article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts' binary view of sex and gender, a view that identifies men and women as polar opposites, and that sees gender as naturally flowing from biological sex. Without courts' understanding that our current binary concept of gender may be socially constructed and artificially rigid rather than a natural result of biology, even new legislation may fail to protect the workers it seeks to protect. The Article demonstrates that research on masculinities can help courts better understand sexual minorities and the motivations of those who discriminate against them in the workplace. It concludes that even in the absence of new legislation, a proper interpretation of Title VII's sex discrimination provision would protect sexual minorities from discrimination and would provide reasonable accommodation to allow sexual minorities to live and work with dignity and security. With an understanding of sexual minorities and the reasons why discrimination occurs, Title VII's prohibition of discrimination "because of sex" should be sufficient to grant sexual minorities workplace rights.
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Roscigno, Vincent J., Lisette M. Garcia, and Donna Bobbitt-Zeher. "Social Closure and Processes of Race/Sex Employment Discrimination." ANNALS of the American Academy of Political and Social Science 609, no. 1 (January 2007): 16–48. http://dx.doi.org/10.1177/0002716206294898.
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Cranmer, Frank, and Scot Peterson. "Employment, Sex Discrimination and The Churches: The Percy Case." Ecclesiastical Law Journal 8, no. 39 (July 2006): 392–405. http://dx.doi.org/10.1017/s0956618x00006694.
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In this paper, the authors present different views of the legal implications of Percy v Church of Scotland Board of National Mission, in which the House of Lords reversed the Court of Session and held that a former minister could sue the Church under the Sex Discrimination Act 1975 and, contrary to previous views, probably had an enforceable contract for services. Cranmer describes the basis for the decision and suggests that it represents a realistic view of the employment status of clergy. Peterson is less optimistic about the decisions legal and practical effects and argues that it undermines the constitutional status of the Church of Scotland as well as overall prospects for religious freedom in Scotland.
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Carty, Hazel. "The Sex Discrimination Act 1986: Equality or Employment Deregulation?" Journal of Social Welfare Law 9, no. 3 (May 1987): 175–79. http://dx.doi.org/10.1080/09649068708412171.
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Roehling, Mark V., Patricia V. Roehling, and Maria Fernanda Wagstaff. "Sex Differences in Perceived Weight-Based Employment Discrimination When Weight Discrimination is Illegal." Employee Responsibilities and Rights Journal 25, no. 3 (April 17, 2013): 159–76. http://dx.doi.org/10.1007/s10672-013-9217-y.
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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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Honorée, André L., and Rusty Juban. "Is there transgender bias in the courtroom?" Employee Relations: The International Journal 42, no. 6 (July 4, 2020): 1531–45. http://dx.doi.org/10.1108/er-11-2019-0444.
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PurposeThis study examines whether various judicial demographic and political characteristics have an influence on case outcomes in transgender employment discrimination cases. Specifically, it assesses whether the race, sex or political party of federal judges result in significantly different employment case outcomes for transgender employees in the US district courts.Design/methodology/approachUtilizing a legal database of all federal employment discrimination cases over the past five decades, the study ultimately identified 97 cases with transgender plaintiffs. Chi-square and frequency analyses were employed to test the hypotheses regarding the effect of race, sex and political party of federal judges on transgender employment case outcomes.FindingsThe results intimate that both the political party and sex of the judge have an effect on case outcomes. Specifically, the transgender plaintiffs in employment discrimination cases have a greater chance for success when such cases are presided before Democratic and female judges.Practical implicationsThe study's findings of significant differences in case outcomes suggest that characteristics of judges should be taken into account by potential plaintiffs and defendants, as they consider if/how to proceed with their cases.Social implicationsSuch research focuses more attention on the fair and equal treatment principle of the American judicial system due to the significant differences found in case outcomes as a result of judges' characteristics.Originality/valueNo research till date has examined the outcomes of transgender employment discrimination cases in the US despite national surveys indicating the pervasiveness and severity of such discrimination.
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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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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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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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Sargeant, Malcolm. "For Diversity, Against Discrimination: the Contradictory Approach to Age Discrimination in Employment." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (December 1, 2005): 629–44. http://dx.doi.org/10.54648/ijcl2005029.
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Abstract: This article argues that there is a contradiction contained within the Framework Directive on Equal Treatment in Employment and Occupation and the UK Government?s proposals for implementing it. There is a distinction between the business justification for encouraging diversity in the workforce and the human rights justification for ending age discrimination. The first approach weakens the latter by legitimising continued discrimination on the basis of age. This is especially important because there is a close relationship between age discrimination and discrimination on the grounds of sex, race and disability.
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Widiss, Deborah A. "Menstruation Discrimination and the Problem of Shadow Precedents." Columbia Journal of Gender and Law 41, no. 1 (November 8, 2021): 235–43. http://dx.doi.org/10.52214/cjgl.v41i1.8841.
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The burgeoning menstrual justice movement highlights that women, girls, transgender men and boys, and non-binary persons may face discrimination or harassment due to their menstruation in workplaces, schools, prisons, and many other aspects of life. In recent years, a few courts have suggested such discrimination may violate Title VII, the federal law that prohibits sex discrimination in employment. Their analysis focuses on the Pregnancy Discrimination Act (PDA), an amendment to Title VII passed in response to a Supreme Court case holding that pregnancy discrimination was not sex discrimination. The PDA overrode the decision by explicitly defining sex as including “pregnancy, childbirth, or related medical conditions.”
The menstruation discrimination cases thus implicate more general questions of how statutory overrides should be interpreted, a subject I’ve explored extensively in prior work. My research suggests that this nascent litigation campaign may face two distinct challenges. The first is that courts will simply deny the claims, reasoning that menstruation is not directly addressed by the text of the PDA and therefore should not be recognized as sex discrimination. The second—which is more subtle, and also perhaps more likely—is that courts could find such discrimination to be actionable, but do so relying solely on the PDA’s explicit reference to “medical conditions” related to pregnancy. While that would be helpful for addressing discrimination in workplaces, it could open the door to arguments that menstruation is outside the ambit of sex discrimination laws that were not amended in a manner analogous to how Title VII was amended.
To avoid these potential risks, theorists and advocates should seek to establish that menstruation discrimination is discrimination on the basis of “sex” itself, in that it is a condition linked to female reproductive organs and associated with stereotypes about women’s inferiority. That reasoning, which suggests that the PDA is properly interpreted as signaling Congress’s disapproval with the Supreme Court’s unduly narrow understanding of what constitutes sex discrimination in the earlier pregnancy case, should apply not only to Title VII, but also to the interpretation of statutory and regulatory prohibitions on sex discrimination in non-employment contexts.
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Giner, Luis-Alfonso Martínez. "Further Discrimination of Permanent Establishments: Tax Incentive to Maintain or Create Employment in Spain." Intertax 39, Issue 2 (February 1, 2011): 91–97. http://dx.doi.org/10.54648/taxi2011008.
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The Spanish 2010 General State Budgets Act contained an important innovation consisting of the incorporation in the Spanish tax system of a new tax incentive to maintain or create employment. The fact that this tax incentive is not applicable to permanent establishments (PE) raises the question of whether it constitutes an infringement of the non-discrimination principle that limits the freedom of establishment. In general, the principle of nondiscrimination has had a significant impact on the Spanish tax system, mainly in relation to direct taxes and, in particular, on PE. The case we shall now analyse is an example of this type of discrimination, which is prohibited both under the non-discrimination of PE clause envisaged in double taxation treaties and pursuant to the Community freedom of establishment.
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England, Paula, Gunther Schmid, Renate Weitzel, and Mary Huff Stevenson. "Sex Discrimination and Equal Opportunity: The Labor Market and Employment Policy." Contemporary Sociology 16, no. 2 (March 1987): 154. http://dx.doi.org/10.2307/2070665.
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Nikolaou, Dimitrios. "Same‐sex marriage laws, LGBT hate crimes, and employment discrimination charges." Southern Economic Journal 88, no. 3 (November 13, 2021): 869–905. http://dx.doi.org/10.1002/soej.12548.
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Clarke, Linda. "Harassment, Sexual Harassment, and the Employment Equality (Sex Discrimination) Regulations 2005." Industrial Law Journal 35, no. 2 (June 1, 2006): 161–78. http://dx.doi.org/10.1093/indlaw/dwl012.
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Sargeant, Malcolm. "Justifying Age Discrimination." Business Law Review 33, Issue 8/9 (August 1, 2012): 204–5. http://dx.doi.org/10.54648/bula2012049.
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Age discrimination is the only protected characteristic contained in the Equality Act 2010 where it is possible to justify both direct and indirect discrimination. In relation to all the other protected characteristics, such as in race and sex discrimination, there is no possibility of justifying direct discrimination. The test, deriving from Art. 6 of the Framework Directive on Equal Treatment in Employment and Occupation (Directive 2000/78/EC), provides that the employer will need to show that they have a legitimate aim and that the potentially discriminatory action taken is a proportionate means (appropriate and necessary) of achieving that aim.
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Palk, Laura, and Shelly Grunsted. "Born Free: Toward an Expansive Definition of Sex." Michigan Journal of Gender & Law, no. 25.1 (2018): 1. http://dx.doi.org/10.36641/mjgl.25.1.born.
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The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative—norm in a variety of contexts. However, several obstacles have emerged to jeopardize true equality for the LGBTQIA community, including (1) inconsistent judicial opinions regarding the meaning of “sex,” (2) the increased ability of employers to utilize religion or “any other factor” as a defense to discrimination claims, (3) regressive executive policies regarding the definition of “sex,” and (4) uncertainty about the extent to which transgender individuals may remain in the military. Although each of these issues warrants thorough analysis and has sparked scholarly debate, in this Article we focus on another critical inequality: wage disparity. Specifically, we are concerned with the problem posed for DSD and transgender individuals, given the Equal Pay Act’s requirement that plaintiffs demonstrate they are paid differently from the “opposite sex” for a wage disparity claim. The Equal Pay Act (EPA) is outdated and discriminatory in its application, and it unnecessarily subjects an entire segment of the workforce—LGBTQIA individuals—to continued discrimination. The EPA requires that plaintiffs prove their cases through reference to an opposite sex comparator, but then defers to the employer’s subjective definition of who “the opposite sex” is. This makes LGBTQIA plaintiffs’ cases essentially unwinnable. Uncertainty for the LGBTQIA community is further compounded by the expansion of the employer’s right, under both the Equal Pay Act and Title VII, to invoke religion, conscience, or “any other factor” as an affirmative defense to discrimination claims. In this Article, we discuss the interplay between a plaintiff’s sex-specific protections (against sex-based employment discrimination under Title VII and against wage disparity under the Equal Pay Act) and an employer’s affirmative defenses (under Title VII, the EPA, and current interpretations of the Religious Freedom Restoration Act). Our discussion concludes with recommendations for an expansive definition of the word “sex” and the adoption of the recently proposed Equality Act to help alleviate all forms of sex-based discrimination in the employment context.
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Frager, Ruth A., and Carmela Patrias. "Human Rights Activists and the Question of Sex Discrimination in Postwar Ontario." Canadian Historical Review 102, s3 (September 1, 2021): s802—s824. http://dx.doi.org/10.3138/chr-102-s3-012.
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This article examines the varied understandings of human rights in Ontario in the immediate aftermath of the Second World War. The article compares the social origins and implementation of Ontario’s Fair Employment Practices Act – which combatted racist and religious discrimination – with Ontario’s Female Employees Fair Remuneration Act – which mandated equal pay for women who did the same work as men. Although a few feminists called for the Fair Employment Practices Act to prohibit sex discrimination as well, their pleas fell mainly on deaf ears in this period. Men and women who fought against racist injustice were frequently unaware of gender injustice, for they, like so many others, subscribed to the deeply embedded ideology of the family wage. Conversely, some of the most outspoken advocates of women’s rights were unconscious of – or chose to ignore – racism. At the same time, some of the most committed advocates of equal pay for equal work actually reinforced certain conventional assumptions about men’s gender privilege at work and at home. Moreover, while the enforcement of both acts was constrained by the conciliatory framework embedded within them, the government officials who were charged with applying both acts interpreted the equal pay act quite narrowly and were significantly more diligent in tackling racist and religious employment discrimination.
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Suárez-Ortega, Magdalena. "Across gender. Work situations of Rural Women in the South of Spain." Qualitative Research in Education 5, no. 1 (February 28, 2016): 77. http://dx.doi.org/10.17583/qre.2015.1814.
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Even though undeniable social changes such as gender discrimination have occurred, the forms of access to public education and employment, as well as the conditions under which these jobs are carried out, are often loaded with sexist biases.Using the biographical-narrative method and a combination of techniques and strategies for gathering and analysing information, the current paper presents an empirical longitudinal study examining the labour situation of rural women who participate in different employment -professional and guidance- training activities. The women´s perceptions and interpretations of their training and professional situations wereanalysed, as well as their opportunities related to finding a job when they completed their education. Additionally, this study examined the extent to which the public services for employment training were adequate andfunctionalfor women regarding whether these services achieved their anticipated aims.We concluded gender inequalities on the employment situation of women, and the importance of implementing urgent measures to fight against the employment crisis from an equality way.
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Suárez-Ortega, Magdalena. "Across gender. Work situations of Rural Women in the South of Spain." Qualitative Research in Education 5, no. 1 (February 28, 2016): 77. http://dx.doi.org/10.17583/qre.2016.1814.
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Even though undeniable social changes such as gender discrimination have occurred, the forms of access to public education and employment, as well as the conditions under which these jobs are carried out, are often loaded with sexist biases.Using the biographical-narrative method and a combination of techniques and strategies for gathering and analysing information, the current paper presents an empirical longitudinal study examining the labour situation of rural women who participate in different employment -professional and guidance- training activities. The women´s perceptions and interpretations of their training and professional situations wereanalysed, as well as their opportunities related to finding a job when they completed their education. Additionally, this study examined the extent to which the public services for employment training were adequate andfunctionalfor women regarding whether these services achieved their anticipated aims.We concluded gender inequalities on the employment situation of women, and the importance of implementing urgent measures to fight against the employment crisis from an equality way.
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Arias Domínguez, Ángel. "Crónica de jurisprudencial laboral internacional, enero / junio 2018 = Chronicle of international labor jurisprudence, January / June 2018." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 639. http://dx.doi.org/10.20318/cdt.2019.4636.
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Resumen: En el período de referencia no hay nuevas quejas “abiertas” o “en seguimiento” ante el Comité de Libertad Sindical que afecten al Estado español. Tampoco los informes núms. 384 y 385 (332ª reunión, Ginebra, marzo de 2018) ni el núm. 386 (333ª reunión, Ginebra, 9 de junio de 2018) contienen referencia alguna al Reino de España.Ocho resoluciones del TJUE afectan directamente a España.La sentencia Carlos Enrique Ruíz Conejero c. Ferroser Servicios Auxiliares, S. A. aborda la legalidad del despido objetivo por absentismo de un trabajador que dejaba de acudir al trabajo por las consecuencias de la discapacidad que padecía.En el asunto Jessica Porras Guisado c. Bankia, S.A. se discutía si una embarazada podía ser incluida en un expediente de despido colectivo.El auto Moisés Vadillo c. Alestis Aerospace, S.L. considera inadmisible la pretensión de un progenitor de ver reducida su jornada laboral por lactancia de un hijo menor porque el otro progenitor no trabajaba.El auto en el caso Pilar Centeno c. Universidad de Zaragoza aborda la acomodación al ordenamiento comunitario de la exclusión de un funcionario interino del proceso de implantación de un programa de reconocimiento de méritos profesionales.La sentencia Grupo Norte c. Ángel Manuel Moreira trata sobre la indemnización de menor cuantía en un contrato de duración determinada que en un contrato indefinido.En el caso Lucía Montero c. Agencia Madrileña de Atención Social se aborda la ausencia de indemnización en un contrato temporal de interinidad.En el supuesto INSS c. Crespo Rey se trata si la exigencia de cotizar por la base mínima en la formalización de un Convenio Especial de Seguridad Social únicamente para trabajadores españoles retornados es acorde a la normativa comunitaria.La sentencia Eva Soraya Checa c. Fogasa trata sobre si procede el abono por parte del Fogasa de la indemnización debida al trabajador que tras la decisión empresarial de movilidad geográfica decide optar por la extinción indemnizada del contrato.Se referencian también otras dos sentencias del Tribunal de Justicia que aunque no se han dictado en el contexto de un proceso nacional se referencian por la relevancia que tienen y la influencia que pueden desplegar para nuestro ordenamiento jurídico. En la Vera Egenberger c. Evanglisches Werk für Diakonie se discutía la discriminación que sufrió una trabajadora empleada en una institución religiosa por no profesar ninguna fe. La sentencia MB c. Secretary of State for Work and Pensions se discutía la discriminación que decía haber sufrido un trabajador que se cambió de sexo en el acceso a la jubilación a la que edad que le correspondería de acuerdo a su sexo recién adquirido.El TEDH ha dictado la sentencia López Ribalda and Others. c. España, sobre viodevigilancia empresarial en el lugar de trabajo sin consentimiento de los trabajadores y sin conocimiento de los representantes. Aunque el sistema de videovigilancia oculto sí cumplió los márgenes de legalidad establecidos en el ordenamiento jurídico interno el TEDH entiende que se ha producido una violación del Convenio Europeo de Derecho HumanosPalabras clave: Absentismo por discapacidad, discriminación de la mujer embarazada por inclusión en expediente de regulación de empleo, reducción de la jornada por lactancia, participación de trabajador interino en procesos selectivos de implementación de complementos retributivos, discriminación por motivos religiosos, indemnización por interinidad, discriminación del transexual, cotización obligatoria por la base mínima, indemnizaciones a cargo del Fondo de Garantía Salarial, videovigilancia.Abstract: In the reference period, there are no new “open” or “follow-up” complaints before the Committee on Freedom of Association that affect the Spanish State. Neither reports nos. 384 and 385 (332rd session, Geneva, March 2018) and no. 386 (333rd session, Geneva, June 9, 2018) contain no reference to the Kingdom of Spain.Eight resolutions of the CJEU directly affect Spain.The sentence Carlos Enrique Ruíz Conejero c. Ferroser Servicios Auxiliares, S. A. addresses the legality of the objective dismissal for absenteeism of a worker who stopped going to work due to the consequences of the disability he suffered.In the Jessica Jessica Guisado case c. Bankia, S.A. It was discussed if a pregnant woman could be included in a collective dismissal file.The car Moisés Vadillo c. Alestis Aerospace, S.L. considers inadmissible the pretension of a parent to see his working day reduced by breastfeeding a minor child because the other parent did not work.The car in the Pilar Centeno case c. University of Zaragoza addresses the accommodation to the community order of the exclusion of an interim officer from the process of implementing a program of recognition of professional merits.The judgment of Grupo Norte c. Ángel Manuel Moreira deals with small claims compensation in a fixed-term contract than in an indefinite contract.In the Lucía Montero case c. Madrid Social Care Agency deals with the absence of compensation in a temporary interim contract.In the case INSS c. Crespo Rey is about whether the requirement to contribute for the minimum base in the formalization of a Special Social Security Agreement only for returned Spanish workers is in accordance with the community regulations.The judgment Eva Soraya Checa c. Fogasa discusses whether the payment by Fogasa of the compensation due to the worker that, after the geographical mobility business decision, decides to opt for the indemnified termination of the contract.There are also two other judgments of the Court of Justice that, although they have not been issued in the context of a national process, are referenced because of the relevance they have and the influence they can have on our legal system. In the Vera Egenberger c. Evanglisches Werk für Diakonie discussed the discrimination suffered by a worker employed in a religious institution for not professing any faith. The MB judgment c. Secretary of State for Work and Pensions discussed the discrimination that a worker who changed sex in having access to retirement had suffered at the age that would correspond according to his newly acquired sex.The ECHR has handed down the judgment in López Ribalda and Others. c. Spain, on business viodevigilancia in the place of work without consent of the workers and without knowledge of the representatives. Although the hidden video surveillance system did comply with the margins of legality established in the internal legal order, the ECHR understands that there has been a violation of the European Convention on Human Rights.Keywords: Absenteeism due to disability, discrimination against pregnant women due to inclusion in the employment regulation file, reduction of the working day due to breastfeeding,participation of an interim worker in selective processes for the implementation of remuneration supplements,discrimination for religious reasons,compensation for internship, discrimination of the transsexual, mandatory contribution for the minimum base,compensation paid by the Wage Guarantee Fund,video surveillance
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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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Jain, Harish C. "Race and Sex Discrimination in Employment in Canada. Theories, Evidence and Policies." Relations industrielles 37, no. 2 (April 12, 2005): 344–66. http://dx.doi.org/10.7202/029258ar.
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After having examined three theoritical approaches, the author presents public policy relating to race and sex discrimination in employment and analyzes 74 cases decided by the boards of enquiry and courts.
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Prenzler, Tim. "Equal Employment Opportunity and Policewomen in Australia*." Australian & New Zealand Journal of Criminology 28, no. 3 (December 1995): 258–77. http://dx.doi.org/10.1177/000486589502800302.
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Limited statistics make for difficulties in producing a clear picture of the impact of equal employment opportunity policies in Australian police services. Available figures indicate that pre-entry physical ability tests are a significant source of attrition of aspiring policewomen. Women also appear to be disproportionately more likely to separate as a result of maternal obligations, and report higher incidents of sexual harassment and sex discrimination in promotion and deployment. Considering the historical marginalisation of women in policing, Australian police services have made large steps forward in reducing discrimination in a relatively short period of time. Improvements can nonetheless be made in making policing a more viable career option for women, and recruiting appears to be the main area where proactive measures are needed.
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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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Álvarez-Gálvez, Javier, and Álvaro Suárez Vergne. "Estudio de la asociación entre la discriminación laboral, la salud y el uso de servicios sanitarios en Andalucía: una aplicación de propensity score matching con muestras pequeñas." Empiria. Revista de metodología de ciencias sociales, no. 48 (September 10, 2020): 147. http://dx.doi.org/10.5944/empiria.48.2020.28074.
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El presente estudio tiene como objetivo explorar la asociación entre discriminación laboral y salud en Andalucía (España). Este estudio se basa en una muestra de 1200 individuos. El indicador de discriminación laboral fue diseñado a través de una pregunta abierta que se refería a otros tipos de discriminación. Aunque la categoría discriminación laboral no se incluyó inicialmente en el cuestionario, el 65% de los participantes se consideraron sujetos a discriminación laboral mientras que solo el 35% informaron otras causas habituales de discriminación. Las medidas de propensión muestran que las personas que reportan discriminación laboral presentan un mayor uso de servicios de salud primaria, un resultado que podría estar relacionado con la mayor prevalencia de trastornos depresivos en grupos socioeconómicamente desfavorecidos. Aunque se necesita profundizar en esta materia, la orientación futura de las políticas sociales y de salud de la UE deberían incluir como objetivo la reducción del impacto social del desempleo y la precariedad laboral a fin de reducir la discriminación y promover la equidad en salud.The present study aims to explore the association between employment discrimination and health in Andalusia (Spain). This study is based on a sample of 1200 individuals. The employment discrimination indicator was designed is through the results of an open-ended question that refers to other types of discrimination. Although the category ‘employment discrimination’ were not initially included in the questionnaire, 65% of participants perceived themselves as subject to employment discrimination while only 35% reported other usual causes of discrimination. Employment discrimination has been found similarly associated to poor health outcomes. Propensity scores show people reporting employment discrimination present a higher use of primary health services, a result that might be related with the higher prevalence of depressive disorders of socioeconomically disadvantaged groups. Although additional research is needed, the future orientation of EU social and health policies should aim to reduce the social impact of unemployment and insecure jobs in order to reduce discrimination and promote health equity.
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Alteri, Ashley M. "Side-Effects of Representation: Measuring the Impact of Representative Hiring on Employment Discrimination Complaints." Administration & Society 52, no. 10 (May 8, 2020): 1562–92. http://dx.doi.org/10.1177/0095399720915293.
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Since 1978, the government has been implementing programs to combat the underrepresentation of minorities in federal employment. However, representative bureaucracy literature has done little to examine the impact these initiatives are having on the workplace. This article examines the relationship between changes in representation and discrimination complaints. Increases in the ratio of minority and female employees predict an increase in the rates of race and sex-discrimination complaints, respectively. Increases in the ratio of Black/African American and Asian employees predict an increase in race-discrimination complaints. However, the ratio of employees ages 40 or above did not predict changes in age discrimination.
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Rawat, Anshu. "Migration and Integration: A Study of Immigrants in Spain." International Journal of Historical Insight and Research 7, no. 2 (May 1, 2021): 1–10. http://dx.doi.org/10.48001/ijhir.2021.07.02.001.
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This paper traces the history of the Moroccan, Romanian, Ecuadorian and Chinese immigrants in Spain. It focuses on two dimensions of integration: access to the labour market and the level of discrimination faced by immigrants. By analysing the socio-economic and political changes taking place in these sending countries it seeks to understand the diverse factors that propelled migration. Migration to Spain is predominantly economic. In order to understand the integration of immigrants in Spain it is essential to analyse the labour market mobility in conjunction with the protection against discrimination as this reflects equality of opportunity coupled with a positive attitude towards inclusion in society. The 20th century led to economic growth and an increased demand for low skilled labourers prompting migration towards Spain. Lack of employment opportunities and political instability in the home countries, larger changes in the world such as the Oil Crisis, creation of Israel, discontinuation of labor recruitment by North-western European Countries were major push factors. Immigrants face discrimination in their access to the labour market. Unequal treatment is experienced by most immigrants except the Chinese who are respected for their hard work but mocked for their appearance.
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Kristl Davison, H., and Mark N. Bing. "Obesity: Disability or Public Health Crisis?" Industrial and Organizational Psychology 6, no. 1 (March 2013): 96–99. http://dx.doi.org/10.1111/iops.12016.
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In their article, Ruggs, Law, Cox, Roehling, Wiener, Hebl, and Barron (2013) address a number of underresearched groups that are subject to discrimination. We applaud the authors for calling attention to the neglected groups in the study of discrimination. However, it is likely that researchers have neglected some of these groups for practical reasons as the discrimination against these groups is either less intense or less widespread. For example, religious discrimination has accounted for between 2% and 4% of Equal Employment Opportunity Commission (EEOC) charges, whereas race and sex discrimination together have accounted for approximately 65% of discrimination charges (EEOC, 2012a).
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Hewitt, Anne, Rosemary Owens, Andrew Stewart, and Joanna Howe. "Are work experience participants protected against sex discrimination or sexual harassment?" Alternative Law Journal 46, no. 2 (March 22, 2021): 115–19. http://dx.doi.org/10.1177/1037969x211002853.
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More and more young Australians are undertaking periods of work experience as a part of their study or independently to facilitate their transition into employment. They are often subject to a significant power disparity compared to others in the workplace, and need the placement to finish a course, and/or to get practical experience, connections and industry references. This makes them vulnerable, including to sexual harassment and sex discrimination. However, whether prohibitions of such conduct apply to them is a complex question, which this article explores.
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Garcia-Yeste, Carme, Lena de Botton, Pilar Alvarez, and Roger Campdepadros. "Actions to Promote the Employment and Social Inclusion of Muslim Women Who Wear the Hijab in Catalonia (Spain)." Sustainability 13, no. 13 (June 22, 2021): 6991. http://dx.doi.org/10.3390/su13136991.
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The current context of growing religious and cultural diversity requires, from societies, an adequate management of the expression of religious diversity in different social spheres, including the workplace. Muslim women who wear the hijab are one of the social groups that most frequently suffer prejudice and discrimination in work settings due to the intersection of multiple forms of discrimination, including gender, ethnic origin, religion and the use of a visible religious symbol. With the aim of exploring the experiences of Muslim women with hijab and identifying barriers and opportunities in their access to employment in Catalonia (Spain), a qualitative study with a communicative orientation was conducted, involving twelve communicative daily-life stories with Muslim women who wear the hijab and eleven in-depth interviews with a communicative orientation with other relevant actors in the fields of training and employment (employers, managers of internship programs, political representatives, etc.). The findings revealed some pending challenges and effective pathways to improve the employment and social inclusion of Muslim women wearing the hijab. The implications of the study point to the need to incorporate respect for diversity as a necessary value to move towards more inclusive societies.
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Kovačević-Perić, Slobodanka. "Adjustment of gender identity and consequences on employment rights." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 4 (2020): 1363–81. http://dx.doi.org/10.5937/zrpfns54-28049.
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The gender identity of every person represents an integral part of their personality and belong to one of the basic aspects of self-definition, dignity and freedom. A certain number of people do not identify themselves with the sex allotted to them at birth, a problem arising regarding their inner comprehension of gender (self-defining), which does not correlate to the sex. Those people are called trans people. In this paper, the author examines the position of trans people i.e. individuals of different gender identity through the prism of the realization and protection in the field of labour rights and the rights arising from employment. Trans people belong to one of the most vulnerable (most discriminated) groups within society - discrimination is most evident in case of seeking a work placement and during employment, while the key performers are the state and its institutions. It could be said that conditioning and interdependence between the legal procedure of adjustment of gender identity and medical interventions, leave the legal and life status of a transgender person in "vacuum", which leads to the situation of gender identity being the grounds for further transphobia and discrimination of transgender people in all the aspects of human rights realization. However, in the procedure of further adjustment of gender identity, a transgender person can be registered in the birth certificate register, they can change their personal documents only based on the certificate of a health institution that they have been through a psychological check-up and a year-long hormone therapy prescribed by an endocrinologist. In practice, such regulations put "on hold" the personal status of a transgender person, which leads to the discrimination of transgender people based on gender identity, especially in the phase of transition, when the changes are visible but non-compliant with the sex verified in personal documents. Therefore, it is crucial that, instead of partial amendments to certain laws, an umbrella law (lex specialis) be adopted - Law on Gender identity
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Ruszkowski, Kelsey R. "Defining sex-based discrimination among strife between the Justice Department and the EEOC." International Journal of Discrimination and the Law 19, no. 3-4 (September 2019): 200–215. http://dx.doi.org/10.1177/1358229120904621.
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In the last few decades, US Supreme Court rulings have made strides for the advancement of the LGBT community. However, this community has yet to enjoy equality in the workplace due to its exclusion from Title VII protection. This article details the recent conflict between the Equal Employment Opportunity Commission (EEOC) and the Department of Justice in interpreting Title VII and how this conflict may make it difficult for the Supreme Court to reach a broad ruling concerning sex discrimination under Title VII. The EEOC relies on Supreme Court precedent concerning sex stereotyping to extend Title VII protection to sexual orientation while the Justice Department employs a textualist argument to support a narrow interpretation of sex. However, changing societal norms and advancing neuroscientific research support the conclusion that sexual orientation, gender identity, and expression is included under “sex” even when using textualism to interpret Title VII. Given that the Supreme Court is unlikely to defer to the EEOC’s interpretation, these arguments stemming from the social sciences may provide the support the Court needs to justify a decision to end employment discrimination against the LGBT community and gender nonconformists in a way that is consistent with the positions of both the EEOC and the Justice Department.
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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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Obadić, Alka, and Lorena Pehar. "Employment, Capital and Seasonality in Selected Mediterranean Countries." Zagreb International Review of Economics and Business 19, s1 (December 1, 2016): 43–58. http://dx.doi.org/10.1515/zireb-2016-0012.
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Abstract The paper examines the influence of tourism industry on GDP, employment and capital investments in selected Mediterranean countries (Croatia, France, Greece, Italy and Spain). It points out important contribution which tourism has on economic activity and capital investment of selected economies and labour market. The analysis highlights the importance of tourism strength in generating employment. It synthesizes data on tourism employment and employment according to educational level. The results show that the quality of human capital is increasing but at the same time indicating gender discrimination in tourism labour market. Despite women being the majority of higher education degree holders in tourism, men hold upper-management and decision-making positions more often than women do. Lastly the paper indicates strong contribution of tourism sector in GDP and total employment in selected countries showing strong problem of seasonality.
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Montero-Moraga, Jose M., Fernando G. Benavides, and Maria Lopez-Ruiz. "Association Between Informal Employment and Health Status and the Role of the Working Conditions in Spain." International Journal of Health Services 50, no. 2 (January 5, 2020): 199–208. http://dx.doi.org/10.1177/0020731419898330.
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Informal employment is an employment condition in which workers are not protected by labor regulations. It has been associated with poor health status in middle- and low-income countries, but it is still a neglected issue in high-income countries. Our aim was to estimate the association between health status and employment profiles in Spain, attending to the role of workplace risk factors. We conducted a cross-sectional study of 8,060 workers from the Seventh Spanish Working Conditions Survey (2011). We defined 4 employment profiles and estimated the associations between them and poor self-perceived health using Poisson regression models. All analyses were stratified by sex. The prevalence of the informal profile was 4% for women and 1.5% for men. Differences in self-perceived health status among employment profiles were negligible. Only women engaged in informal employment had poorer self-perceived health than those in the reference profile. This difference disappeared after adjusting models for psychosocial risk factors. In conclusion, we did not find differences in self-perceived health status between employment profiles, except for women in informal employment. Efforts should be made to improve the psychosocial risk factors in women in informal employment.
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Hervey, T. K. "Justification for Indirect Sex Discrimination in Employment: European Community and United Kingdom Law Compared." International and Comparative Law Quarterly 40, no. 4 (October 1991): 807–26. http://dx.doi.org/10.1093/iclqaj/40.4.807.
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Kline, Patrick, and Christopher Walters. "Reasonable Doubt: Experimental Detection of Job‐Level Employment Discrimination." Econometrica 89, no. 2 (2021): 765–92. http://dx.doi.org/10.3982/ecta17489.
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This paper develops methods for detecting discrimination by individual employers using correspondence experiments that send fictitious resumes to real job openings. We establish identification of higher moments of the distribution of job‐level callback rates as a function of the number of resumes sent to each job and propose shape‐constrained estimators of these moments. Applying our methods to three experimental data sets, we find striking job‐level heterogeneity in the extent to which callback probabilities differ by race or sex. Estimates of higher moments reveal that while most jobs barely discriminate, a few discriminate heavily. These moment estimates are then used to bound the share of jobs that discriminate and the posterior probability that each individual job is engaged in discrimination. In a recent experiment manipulating racially distinctive names, we find that at least 85% of jobs that contact both of two white applications and neither of two black applications are engaged in discrimination. To assess the potential value of our methods for regulators, we consider the accuracy of decision rules for investigating suspicious callback behavior in various experimental designs under a simple two‐type model that rationalizes the experimental data. Though we estimate that only 17% of employers discriminate on the basis of race, we find that an experiment sending 10 applications to each job would enable detection of 7–10% of discriminatory jobs while yielding Type I error rates below 0.2%. A minimax decision rule acknowledging partial identification of the distribution of callback rates yields only slightly fewer investigations than a Bayes decision rule based on the two‐type model. These findings suggest illegal labor market discrimination can be reliably monitored with relatively small modifications to existing correspondence designs.
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Sandberg, Russell. "To Equality and Beyond: Religious Discrimination and the Equality Act 2006." Ecclesiastical Law Journal 8, no. 39 (July 2006): 470–74. http://dx.doi.org/10.1017/s0956618x00006761.
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Recent years have witnessed a piecemeal development of discrimination law that affects religious organisations: the collection includes statutes such as the Sex Discrimination Act 1975 and the Race Relations Act 1976, statutory instruments such as the Employment Equality Regulations 2003 and 2005, and international human rights instruments such as Article 14 of the European Convention on Human Rights (ECHR). The newest addition to the collection is the Equality Act 2006 (c 3), which received Royal Assent on 16 February 2006.