Littérature scientifique sur le sujet « Equal opportunities – Law and legislation »
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Articles de revues sur le sujet "Equal opportunities – Law and legislation"
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Cook, Clarissa, et Malcolm Waters. « The Impact of Organizational Form on Gendered Labour Markets in Engineering and Law ». Sociological Review 46, no 2 (mai 1998) : 314–39. http://dx.doi.org/10.1111/1467-954x.00121.
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It is well known that occupations are differentially gendered and explanations for such gendering usually focus on structure and process in the labour market. However little is known of the fine detail of the way in which labour markets perform for particular occupations in particular local contexts. This article is based on micro-sociological research on the professional labour markets for law and engineering professionals in the city of Hobart, Australia. It addresses a discrepancy in women's participation and promotion rates in each of these professions: the proportion of women in high positions in engineering matches their educational qualification rates while that in law is considerably lower than educational qualification rates would suggest. The paper proposes that the explanation can be found in the respective organizational patterns of the two professions. Engineering is practised in large-scale bureaucratic organizations where formal rules govern recruitment and promotion, where equal opportunities legislation literally applies, and where a strict separation is maintained between public and domestic spheres. By contrast, law is practised in collegial partnerships where informal judgements govern recruitment and promotion, where the letter of equal opportunities legislation need not be applied, and where advancement depends on the subordination of the domestic to the public sphere.
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Dewi W, Imma Indra. « ANTI-DISCRIMINATION IN EMPLOYMENT REGULATION FOR PERSONS WITH DISABILITIES IN INDONESIA ». Yustisia Jurnal Hukum 8, no 1 (28 avril 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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Mačernytė-Panomariovienė, Ingrida, et Rytis Krasauskas. « A Father’s Entitlement to Paternity and Parental Leave in Lithuania : Necessary Legislative Changes Following the Adoption of the Directive on Work–Life Balance ». Review of Central and East European Law 46, no 2 (27 mai 2021) : 179–202. http://dx.doi.org/10.1163/15730352-bja10047.
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Abstract There is a great deal of legislation that has been adopted by the European Union which, in one way or another, aims at ensuring equal opportunities and a good work–life balance. One specific issue in this area relates to childcare leave. In practice, providing for equal opportunities has meant enabling women to integrate into the labor market, to advance their careers, and to have more guarantees and rights at work. In reality, thus far these measures have not been effective enough. The new Directive (EU) 2019/1158 on work–life balance for parents and carers, adopted on 20 June 2019, seeks to increase the take-up of family-related leave and flexible working arrangements by men (fathers). The purpose of this article is to assess what effects this new EU directive will have upon Lithuanian law in this area.
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Morgana, Intan Safira, et I. Made Dedy Priyanto. « LEGAL PROTECTION IMPLEMENTATION FOR DISABILITIES PERSONS IN OBTAINING EQUAL EMPLOYMENT OPPORTUNITIES IN DENPASAR CITY ». POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 1, no 4 (24 novembre 2022) : 23–30. http://dx.doi.org/10.55047/polri.v1i4.449.
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This research aims to identify and comprehend the regulatory arrangements for employees with physical disabilities to get opportunity equality, as well as the implementation of legal protection for workers with physical disabilities to obtain equal job opportunities in the city of Denpasar. The study approach utilized is an empirical legal research method based on a comparison between das sollen and das sein. Legal and fact-based approaches are applied. Primary data sources include interviews with disabled workers in the city of Denpasar, whereas secondary data sources include statutes and regulations, books, and scientific journals. According to the findings, the regulation regarding persons with disabilities is clearly stated in the national regulations, namely the Human Rights Law, the Law on Persons with Disabilities, and the Manpower Act, whereas the special regulations for Denpasar City are contained in the Bali Provincial Regulation on Persons with Disabilities. However, despite the fact that there are policies in place to govern persons with disabilities in Denpasar City, it is still difficult to find a job, especially in companies, due to the stigma that people with disabilities are incapable of doing anything. Even though the state has enacted legislation governing the employment of people with disabilities, the reality of the situation makes these regulations difficult to implement, especially in relation to issues of employment.
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Miller, Rhonda D., et Antonis Katsiyannis. « Students With Limited English Proficiency ». Intervention in School and Clinic 50, no 2 (26 juillet 2013) : 121–24. http://dx.doi.org/10.1177/1053451213496161.
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How to address the educational needs of students with limited English proficiency (LEP) is a particularly challenging and often controversial endeavor. Failure to address the needs of students with LEP often results in denial of meaningful educational opportunities and leads to disproportionate representation in special education programs. This article reviews relevant legislation and litigation regarding students with LEP and provides recommendations for improved practice. The case law reviewed addresses (a) equal opportunities for all students, regardless of native language, English language proficiency, or disabilities, (b) nondiscriminatory assessments, (c) assessments done in a timely fashion, and (d) parental involvement.
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Haurylchanka, Yu. « Rejecting the Medical Model of Disability in Belarusian Sports Law : A Long Way to Nowhere ? » Kutafin Law Review 9, no 1 (5 avril 2022) : 73–98. http://dx.doi.org/10.17803/2313-5395.2022.1.19.073-098.
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The article deals with the Belarusian legislation and international legal acts in order to answer the question whether the rejection of the medical model of disability is implemented in Belarusian sports law. The author studies the concept of a disabled person, models of disability and legal regulation of adaptive sports from the point of view of sports law and human rights. It is proved that despite the declaration of non-discrimination of persons with disabilities, the problems associated with the medical model of disability remain very relevant in Belarus. The Belarusian legislation uses the concept of formal equality, but it is supplemented by victimization of disability and objectification of persons with disabilities. The emphasis is shifted to the charity nature of medical care, which brings us back to the medical model. The article argues the importance of adopting a Draft Law on Adaptive Physical Culture and Adaptive Sports to eliminate the existing shortcomings of the legal regulation of sports for persons with disabilities. The author also emphasizes that equalization of opportunities in sports should be defined much wider than providing sports facilities, ensuring equal conditions and opportunities for the development of adaptive movement in relation to the conditions and opportunities for the development of non-disabled sports and non-disabled physical culture. Equalization of opportunities should include a freedom of adaptability as a key category and one of the basic principles of the adaptive movement.
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Foort-Diepeveen, Rosalien A. van ‘t. « The Legislative Framework for Working Conditions in the Dutch Ready-Made Garment Sector ». Yuridika 34, no 3 (23 août 2019) : 549. http://dx.doi.org/10.20473/ydk.v34i3.14953.
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This article sets out the legislative framework with regard to labour law provisions concerning working conditions that apply to Dutch employers and employees operating and working in the ready-made garment (RMG) sector in the Netherlands and discusses the challenges that employees may face in the sector. More specifically, this article will focus on the challenges and law applicable to the retail phase and recycling phase in the supply chain of a pair of jeans and a white T-shirt. In this respect, an overview of the labour law provisions will be presented that protect a safe working environment for employees working in the sector. Dutch law contains many provisions concerning the protection of employees against poor working conditions. Among others, employers are obliged to maintain a safe working environment and reasonable working hours for their employees. Dutch labour legislation only applies to employees working in the Netherlands and therefore is of little relevance to the manufacturing phase of the RMG supply chain, which takes place abroad. However, several public and private initiatives were taken to stimulate Dutch clothing brands to exert an influence on the working conditions in the RMG producing countries. Two of these initiatives will be discussed in this article. Furthermore, this article will present which social challenges employees may face in the Dutch RMG sector, which comprise gender inequality, including equal pay and equal opportunities to occupy top management positions and co-determination rights.
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Field, Corinne T., et Nicholas L. Syrett. « Age and the Construction of Gendered and Raced Citizenship in the United States ». American Historical Review 125, no 2 (1 avril 2020) : 438–50. http://dx.doi.org/10.1093/ahr/rhaa185.
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Abstract Focusing on the United States, Field and Syrett argue that the supposed universality of chronological age masks the processes through which legislators and government officials relied upon age to reinforce inequalities rooted in coverture and chattel slavery. Two case studies reveal how bureaucratic and legislative age requirements functioned in tandem to deny equal citizenship to women and formerly enslaved people. During the Civil War, Congress passed legislation to grant age-based Civil War pensions for minor children that appeared neutral in law but came to be administered in ways that denied equal benefits to the families of black Civil War soldiers on the grounds that they lacked adequate proof of age. State governments, meanwhile, continued to pass laws that differentiated between men and women in the realm of legal majority, using chronological age as a means to shore up gender inequality even as women gained new rights and opportunities. Recent conflicts over voter identification laws and age determination for child migrants reveal that chronological age remains a contested category through which government officials can deny equal treatment under the law by defining the criteria for what counts as adequate proof of age. Cracks in the modern regime of government-issued birth certificates reveal that age remains what it has always been: not a neutral fact, but a vector of power through which government officials and ordinary people construct and contest the boundaries of citizenship.
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Cinotti, Alessia. « "Nuovi" sguardi alla disabilità ; e "vecchie" pratiche : un processo a due velocità. Dall'inserimento all'inclusione in ambito universitario ». EDUCATION SCIENCES AND SOCIETY, no 1 (juillet 2019) : 87–102. http://dx.doi.org/10.3280/ess1-2019oa7829.
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The Chilean Government has been taking legal action since 2010 by the law of 20.422 that establishes the Norms about Equal Opportunities and Inclusion for Disabled Persons. Despite above mentioned anti-discriminatory legislation framework and progress, several factor hamper the inclusion at university. Democratisation of HE has helped to ensure a growing trend of increasing enrolment of students with disability in Chile, although it is still not significant enough in terms of potential numbers.Starting from this scenario, the paper aims to provide an overview of the principal steps carried out during the MUSE Project in Latin American in order to highlight the progresses and the challenges of a process in act which has the objective of improve access, ensure retention conditions and develop rich learning opportunities for HEIs' Disabled Students.
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Sirko, Liudmyla. « Public gender-legal expertise as a form of public control : theoretical and legal aspect ». Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no 5 (30 décembre 2020) : 80–84. http://dx.doi.org/10.31733/2078-3566-2020-5-80-84.
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The article examines public gender-legal expertise as a form of citizen participation in the manage-ment of public affairs, which in the conditions of modern state and political transformations is one of the effective forms of public control. It is emphasized that the active application of public gender-legal expertise of draft regulatory legal acts and current legislation will identify and prevent the existence of legal norms that are discriminatory or may lead to the restriction or advantage of one sex over another in the future. The current legislation has been analyzed and it is proposed to supplement the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men” and the Resolution of the Cabinet of Ministers of Ukraine “Issues of Gender-Legal Expertise” dated 28.11.2018 № 997 in terms of regulating public gender-legal expertise.
Thèses sur le sujet "Equal opportunities – Law and legislation"
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Chow, Lok-ning Eric, et 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.
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Hanan, 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.
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Mamashela, 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.
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The consolidation of 22 years of democracy and 20 years of the Constitution of the Republic of South Africa entrenched the need to eradicate social and economic inequalities, particularly those that stem from our history of colonialism, apartheid and patriarchy, which brought pain and suffering to the great majority of our people, in particular Black people. Therefore, the passing of the Constitution of the Republic of South Africa (Constitution)1 20 years ago, marked a turning point in our history by giving expression firstly, to the Freedom Charter and secondly, by upholding the values of human dignity, equality, freedom and social justice in a united, non-racial and nonsexist society where every South African may flourish. However, despite the fact that the Bill of Rights in the Constitution provides that everyone is equal before the law and that equality includes the full and equal enjoyment of all rights and freedom, discriminatory practices, in particular, pay inequalities, are still rife in our country. It is against this backdrop that the historical background of the employment discrimination law in South Africa, which over a period of time, contributed significantly to the high levels of inequalities in pay experienced by the previously disadvantaged groups, such as Black people, women and people with disabilities becomes critical. This aspect points to the importance of understanding the context within which the principle of “Equal Pay for Work of Equal Value” has been and should be implemented in South Africa compared to Canada. Therefore, drawing from the review of the legislation and the implementation processes of the principle of equal pay for work of equal value, the following best practices/ lessons learned were identified: 108 of 1996. The Canadian Ontario Pay Equity Act states that the value of job classes be based on factors such as skill, effort, responsibility and working conditions. This Act also requires the employer to take proactive steps to institute a jobevaluation scheme, and the participation of the social partners and the affected workers is crucial. It is submitted that there are similarities in these requirements with those contained in the Employment Equity Regulations, 2014, which implies that the South African legislative framework draws on this best practice. The Ontario Employment Standards Act allows the comparison to be drawn with the establishment of the same employer in the same municipality, as well as with establishments to which a worker can be transferred. In this regard, it is observed that the new provisions on equal pay in section 6(4) of the Employment Equity Amendment Act, 2013, limits only the comparison with the employees of the “same employer” without elaborating further into the same municipality or with establishments to which a worker can be transferred. Under Ontario Pay Equity Act, even if there is no precise comparator in the establishment doing work of equal value, the employer must ensure that the worker’s pay is proportionate to others doing work of proportionate value. In the context of South African legislation, a comparison on the basis of proportionate value is not catered for. The meaning of “work of equal value” refers to the work that is the same (identical or interchangeable), substantially the same (sufficiently similar), or of equal value (accorded the same value) when compared to an appropriate comparator. In justifying equal pay, the Ontario statute provides that formal seniority systems and performance-related pay can justify unequal pay only if they do not discriminate on the grounds of gender. This is similar to the South African statute, in particular, regulation 7 of the Employment Equity Regulations, 2014, which include seniority and performance as some of the factors that may justify unequal pay only if they do not unfairly discriminate on one or combination of the listed grounds, and on any other arbitrary ground as prescribed by section 6(1) of the EEA as amended. As per the Ontario legislation, the employer cannot reduce the rate of remuneration in order to comply with the principle of equal pay for work of equal value. Similarly, in the South African legislation, in particular, regulation 7 of the Employment Equity Regulations, 2014, it prevents levelling down of pay in instances of demotions and in transfer of contracts (section 197 of the LRA). There is a requirement in terms of the Ontario Pay Equity Act, that employers must establish and maintain pay equity in their establishment in consultation with the bargaining agent (trade unions); and after the agreement, post a Pay Equity Plan in its workplace. In terms of South African legislation, the EEA does not have a requirement for a Pay Equity Plan, however, designated employers (those required to comply with Chapter III of the EEA) are required in terms of sections 19(1) and 20 of the EEA to conduct a review of their workplace policies, practices and procedures, inclusive of remuneration and benefits; and develop and implement affirmative-action measures to address any unfair discrimination practices by including these measures in their Employment Equity Plans. Furthermore, in terms of section 27 of the EEA, designated employers are then required to submit their annual Income Differential Statements to the Employment Conditions Commission (ECC) on the remuneration and benefits received in each occupational level of that employer’s workforce. In relation to dealing with pay-equity disputes, the Ontario Pay Equity Act, establishes a Pay Equity Commission, which consists of a Pay Equity Office, inclusive of Review Officers and the Hearings Tribunal that are mandated to specifically enforce the equal-pay-for-work-of-equal-value principle. Contrary, in South Africa, the legislation does not cater for the establishment of a Pay Equity Commission with exclusive mandate to deal with pay-equity cases. In this regard, the various courts and the CCMA which are mandated to deal with equal-pay disputes are also mandated to deal with other labour disputes emanating from other labour legislation, e.g. the LRA, BCEA, EEA, UIA, OHSA, COIDA, etc. The Review Officers in the Pay Equity Office in Ontario are mandated to monitor the implementation and maintenance of the Pay Equity Plans as per section 34 of the Pay Equity Act in Ontario. In South Africa, the EEA makes provision for DG Review process in terms of section 43, where the DG of Labour can subject any organization for a review to assess its compliance with the requirements of the EEA as whole, and not specifically to assess the implementation of the principle of equal pay for work of equal value. Notably, assessment of income differentials to promote equal pay may form part of the DG review process. In light of the above best practices / lessons learned, the following recommendations are made to inform the improvement plans of the implementation of the principle of equal pay for work of equal value in the South African labour market: Conducting of continuous advocacy campaigns to raise awareness and educate all stakeholders, i.e. employers, employees and trade unions on the principle of equal pay for work of equal value. Development of further policy guidelines in relation to equal pay consultations within the workplace between the employer and the employees, including where applicable registered trade unions. A policy directive on the “equal-pay consultation” will promote not only transparency around pay and benefit structures, but will encourage proactive measures from employers to develop pay/remuneration policies, including establishing remuneration committees; conducting job evaluations; implementing job-grading systems and performance-evaluation systems to promote the implementation of the principle of equal pay for work of equal value. 2 SS 115(4) and 158(1)(j) of 66 of 1995. Minimum wage-setting bodies should have the duty to apply the principle of equal pay for work of equal value in the setting of minimum wages. Collective bargaining structures such as bargaining councils should have a duty to apply and enforce the principle of equal pay for work of equal value in the wage-negotiation process and conclusion of collective agreements. Given the importance of collective bargaining in wage-setting in South Africa, there should be a duty on the social partners to include the principle of equal pay for work of equal value in all collective agreements. Industry-wide comparisons should be utilized, particularly in sectors in which collective bargaining operates at a sectoral level. Alternatively, the “Proxy” method as developed in Ontario, should be considered. Proportionate pay, as developed in Ontario, should be considered in cases where there is no comparator doing work of equal value, employed by the same employer. Possible legislative amendments to section 27 of the EEA to include a new provision, requiring employers to develop and implement a Pay Equity Plan outlining how they intend complying with the principle of equal pay for work of equal value. Then an annual progress report must be submitted to the Director General of Labour on how the Pay Equity Plan has been implemented instead of the current submission of an Income Differential Statement to the ECC. Finally, compliance with the principle of equal pay for work of equal value is required as a condition for accessing State Contracts under section 53 of the EEA when this section is promulgated in the near future. It can be deduced from the review process that the principle of equal pay for work of equal is a complex and specialized area. However, it was also clear that in both South Africa and Canada, the issue of equal pay is seen, not only as a workplace issue, but as an important Constitutional fundamental human-right imperative to the achievement of equality in a society as a whole.
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Gregory, 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.
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Hlongwane, 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&.
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This paper compared the South African concepts of pay equity and equal pay for work of equal value with those of industrialised countries, including the United States, the United Kingdom, Australia and Canada. The study considered how South Africa recognized the right to promote equal pay, in the absence of a proper legal framework which expressly includes such a right. The paper also focused on the impact of statutes and case law on the developments of equal pay in the aforementioned industrialized countries. It also considered the impact of the decisions of the European Court of Justice on such developments as well as it impact on the interpretation of equal pay in these industrialised countries. The purpose of such comparison was not to transplant the legal system of these industrialised countries but to assist South Africa in remedying its weaknesses by creating legal rules for the promotion of equal pay for work of equal value.
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Smith, 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.
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The purpose of this inquiry was to conduct a comparative analysis of the legislative action taken by the government of each Canadian province and territory, as of December 31, 1992, with respect to the provision of equal educational opportunity for students with disabilities. The methodology consisted of a form of qualitative content analysis of the relevant legislative action, validated by provincial representatives, complemented by a study of relevant case-law. The analytical framework comprised 60 items grouped around five types of rights: non-discrimination, access, identification/placement, service delivery and parental participation. Overall, four jurisdictions, the Yukon, followed by Ontario, Quebec and Saskatchewan, were found to provide for a significant level of rights. Newfoundland, Prince Edward Island, Nova Scotia and the Northwest Territories were found to provide for the lowest level of overall rights. Equality rights and access received the highest ratings across all jurisdictions, while parental participation, service delivery and identification/placement were rated lowest. Extensive references and key extracts from all legislation analyzed are included.
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Corradi, 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.
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Business opportunities are a chance for a company to grow its activity and to further the aggregate welfare of the society as a whole. Corporate opportunities rules and their functional equivalents should enable companies to develop their business activities when directors discover those business opportunities. Companies need to be certain that they can legally appropriate those business opportunities. A company should have this ability when it is the best potential exploiter of the opportunity at issue, which is likely when the opportunity is a chance to expand the company's line of business or to pursue vertical integration. In fact, a company's appropriation of new business opportunities justifies a company's sunk costs that stem from its specific investments. Hence, the tests adopted for identifying corporate opportunities in US (Delaware), German (line of business test), UK, French, Spanish and Italian corporate laws (interest test) reflect the need to further efficiency by way of diminishing hold-up costs. Remedies against misappropriations of corporate opportunities by directors should both pursue maximum disclosure of new corporate opportunities by directors and preserve the possibility of alternative allocations of a corporate opportunity, when a company's director can exploit the opportunity more efficiently than the company. Such an alternative allocation may occur through negotiation or through efficient breach of duty. It is suggested that a differential remedial system (higher sanctions for breach of duty following non-disclosure) would maximize both disclosure and efficient allocation. This approach is closer to the one that exists in Anglo-American law than to the one adopted in most civil law jurisdictions. The present differences in various corporate laws may be connected to the existence of institutional complementarities, which should be taken into account in future reforms.
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Luna, 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.
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Šilerová, Kateřina. « Diskriminace žen v pracovním právu ». Master's thesis, Vysoká škola ekonomická v Praze, 2012. http://www.nusl.cz/ntk/nusl-125101.
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The diploma thesis deals with discrimination of women in the labour law, specifically in employment, access to employment and treatment at workplace. The goal of the thesis is to map the legislation of the principles of non-discrimination and equal opportunities in both Czech and European union law systems, another goal is research the reality of application of these rules and principles by the employers in companies operating in the Czech republic. The thesis first summarizes the legislation of these principles in the Czech law system and subsequently in the law system of the European union. Then it contains a practical part with a research made at 15 companies operating in the Czech republic.
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Howard, 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.
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Thesis (MComm)--University of Stellenbosch, 2005.ENGLISH 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.
Livres sur le sujet "Equal opportunities – Law and legislation"
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Edwards, Martin. Tolley's equal opportunities handbook. Croydon : Tolley, 2000.
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1943-, Malone Michael, et Tolley Publishing Company, dir. Tolley's equal opportunities handbook. 3e éd. Croydon : LexisNexis UK, 2004.
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Taylor, Gill. Equal opportunities : A practical handbook. London : Industrial Society, 1994.
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Equal opportunities and equal remuneration for men and women in employment. Bombay : Unit for Labour Studies, Tata Institute of Social Sciences, 1988.
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A practical guide to equal opportunities. 3e éd. Cheltenham : Nelson Thornes, 2009.
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(Association), PostEurop, et European Commission, dir. Equal opportunities in the postal sector : Good practices. Luxembourg : Office for Official Publications of the European Communities, 2001.
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Clements, Phillip Edward. The Equal Opportunities Handbook 4th edition. London : Kogan Page Publishers, 2006.
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Commission of the European Communities. Women's Information Service. Equal opportunities : 2nd action programme, 1986-1990. Brussels : Commission of the European Communities, Directorate-General Information, Communication, Culture, Women's Information Service, 1985.
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Montgomery, George. Disability legislation and deaf workers : Some opportunities are more equal than others. Edinburgh : Scottish Workshop Publications, 1996.
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Library of Congress. Major Issues System, dir. The fairness doctrine and the equal opportunities doctrine. [Washington, D.C.] : Library of Congress, Congressional Research Service, Major Issues System, 1988.
Trouver le texte intégralChapitres de livres sur le sujet "Equal opportunities – Law and legislation"
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Winstone, Julia. « Towards Gender Equality in the Solicitors’ Profession in England and Wales A Practical, Intersectional, Socio-legal Approach ». Dans Towards Gender Equality in Law, 177–92. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98072-6_9.
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AbstractOver 30 years of initiatives to improve the career progression of women in the solicitors’ profession in England and Wales have failed to achieve gender equality in practice. Equality legislation from the 1970s onwards, has still not translated to equality for women solicitors in retention, progression, partnership and equal pay in private practice. Significant numbers of women have entered the profession and remained at junior levels since the 1970s, outnumbering male entrants since 1992-3 and practising men solicitors since 2017. A gap persists between participation rates for men and women, with the number of women active in the profession reducing with age and experience. This chapter presents a practical, intersectional, socio-legal approach to overcome the barriers faced by many women solicitors, based on current issues identified by practising, non-practising solicitors and left professionals. Practical initiatives are developed to effect meaningful change in practice to maximise opportunities available for all.
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Turner, Linda, et Laurel Lewey. « 4. Poor Law Legislation and the Poverty Experience ». Dans New Brunswick Before the Equal Opportunity Program, 52–80. Toronto : University of Toronto Press, 2018. http://dx.doi.org/10.3138/9781487515522-006.
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Elósegui, María. « Equal Opportunities between Women and Men in Community Law ». Dans Education in Europe : Policies and Politics, 99–124. Dordrecht : Springer Netherlands, 2002. http://dx.doi.org/10.1007/978-94-015-9864-4_5.
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Alvarado, Jose Luis, et Cathi Draper Rodriguez. « Education of Students with Disabilities as a Result of Equal Opportunity Legislation ». Dans The Palgrave Handbook of Education Law for Schools, 297–314. Cham : Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-77751-1_13.
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Befring, Anne Kjersti. « Norwegian Biobanks : Increased Complexity with GDPR and National Law ». Dans GDPR and Biobanking, 323–44. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_18.
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AbstractNorway is generally regarded as having good opportunities for biobank research because of Biobank Norway—its national infrastructure of biobanks—which represents one of the world’s largest existing resources within biobanking. It covers both consented population-based and disease-specific clinical biobanks. However, the regulatory framework in Norway for biobanking is fragmented, which makes navigating the legal landscape challenging.The Personal Data Act (PDA) implements the General Data Protection Regulation (GDPR), and a few adjustments were made in the national health legislation in order to bring it into line with the GDPR. The Health Research Act (HRA) enables the use of biobanking and personal data in research with and without the consent of individuals. There are some disagreements about the changes brought about by the GDPR when it comes to research on biological material that includes personal data. When implementing GDPR Article 89, it was emphasised that the Data Protection Officer (DPO) has an important role even though the research ethics committee has allowed the use of data (the regional committee for medical and health research ethics (REC)). This has created conflicts. This article highlights key issues and ambiguities related to the GDPR and national legislation, and the relationship between the two.
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Hahs, Jenny. « From Geneva to the World ? Global Network Diffusion of Antidiscrimination Legislation in Employment and Occupation : The ILO’s C111 ». Dans Networks and Geographies of Global Social Policy Diffusion, 195–225. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83403-6_8.
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AbstractThe adoption of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) marked ILO’s first endorsement to universal non-discrimination and an early equal opportunity approach at work. Albeit considered to be premised upon “a traditional, formal-equality and formal-workplace vision of antidiscrimination law,” the convention marked a genuine new strand in international standard-setting in the Post-World War II and Philadelphia Declaration time. However, due to the implicit formal vision, it is assumed that ratification was more attractive and more feasible for countries of the Global North first. Following, this behavior diffused through colonial ties time-varying toward the Global South. Whether this assumption holds will also be studied regarding the moderating effects of networks of culture, trade, and regional proximity.
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Kalalahti, Mira, et Janne Varjo. « Municipal Governance of Comprehensive Education : The Emergence of Local Universalisms ». Dans Finland’s Famous Education System, 19–34. Singapore : Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-19-8241-5_2.
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AbstractThe governance of Finland’s comprehensive school system has historically evolved from centralised governance into a blend of national and local (municipal) decision-making authority. The two-fold model of governance was launched in the 1970s according to the planning economy logic, where the national education policies were enacted and regulated through strict and detailed legislation, a redistributive and ‘earmarked’ state subsidy system and a uniform national core curriculum. At an ideological level, comprehensive reform was tied firmly to the principle of equal opportunities. However, changes in administrative thinking since the 1990s have created a new balance between governmental and local governance of the education system. In this chapter we portray key changes occurring in the relationship between central and local administration as well as the most significant changes in the education system by comparing three case municipalities. We compile various register and document data about the education systems of these municipalities and assess whether we should talk about diverse municipal basic education in Finland instead of a single, uniform basic education system. We conclude that the national, previously more uniform basic education system is transforming into diverse, local basic education systems. We argue that local self-government and varying service accessibility pose a challenge to the equality of the service system at the national level.
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Speziale, Valerio. « Il ‘diritto dei valori’. La tirannia dei valori economici e il lavoro nella Costituzione e nelle fonti europee ». Dans Studi e saggi, 125–63. Florence : Firenze University Press, 2022. http://dx.doi.org/10.36253/978-88-5518-484-7.09.
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After analysing the different meanings of the term «value» and the passage from juridical positivism to «the right of values» (described in its essential characteristics), the essay points out the constitutional principles of labour in the Italian Constitution and in the European legal sources. The evolution of the legislation enacted in the last few years (mainly since the last decade of the twentieth century) shows that Labour Law has been functionalized to reaching economic targets, creating a «tyranny of values», according to Carl Schmitt’s theory. However, the supremacy of economic values which has influenced the legislation is in contrast with the principles of Labour protection established in the Constitution, in the European legal sources and in the Charts of fundamental rights. Such principles, in the light of the rules of interpretation of these legal texts, impose different legal disciplines. They are also based on the interpretations of the Constitutional Court which define labour as a fundamental right of man and require a «personalistic» rather than a «mercantile» vision of Labour Law protection. Also the European legal sources protect labour to a similar extent to the Italian Constitution, with specific reference to the European Social Chart. However if, as expressed by some decisions of the Court of Justice, we should sustain that the law of the European Union does not express the same «idea of work» as our Constitution, this situation would not justify the prevalence of the economic dimension of labour. In fact, the Italian Constitutional Court has recently stated that the principles established by the European legislation must be «harmonized and balanced» with those contained in the Constitution, in order to ensure «the highest protection of rights at a systemic level» (judgement no. 269/2017). Such harmonization does not allow economic values to prevail over some es- sential labour characteristics (such as dignity, freedom of expression, safety, equal conditions of labour and remuneration, etc.) with which the human personality is formed.
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Southerington, Tom. « Access to Biomedical Research Material and the Right to Data Protection in Finland ». Dans GDPR and Biobanking, 243–56. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_13.
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AbstractThis chapter describes the Finnish regulatory landscape concerning primarily non-interventional biomedical research and in particular the rights of study subjects from the data protection point of view. The GDPR is just one of many pieces of legislation affecting the rights of individuals, and it allows for significant variation between the EU Member States. Finnish law relating to biomedical research has materially changed in recent years and some changes are still pending. Overall, the legislator has aimed at enhancing opportunities for responsible research and enabling research-related innovation ecosystems, but also implemented quite strict limitations for data processing in balance. It is yet too early to evaluate the effects of the legislatory changes. The chapter is therefore mainly descriptive.
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Hartlev, Mette. « Balancing of Individual Rights and Research Interests in Danish Biobank Regulation ». Dans GDPR and Biobanking, 215–26. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_11.
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AbstractDenmark offers very good opportunities for biobank research. There is a vast number of well-structured and comprehensive collections of biological material, which in combination with a ‘research generous’ legislation provides an excellent environment for biobank research. However, both the Danish biobank landscape and the regulatory environment is rather complex. In contrast to a number of other countries, there is no specific biobank act in Denmark. Instead, various regulatory regimes interact, which makes it challenging to navigate in the legal landscape. It is also rather non-transparent for the individuals, from whom samples have been collected, what samples are used for, and how they can influence the use of samples for research. With the GDPR and the Danish Data Protection Act it seems that research participants’ rights have been slightly weakened in Danish law. However, it is argued, that the GDPR has the potential to ensure more awareness of research participants right against the societal and scientific interest in research.
Actes de conférences sur le sujet "Equal opportunities – Law and legislation"
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BADEA, Ana-Cornelia. « EQUAL OPPORTUNITIES AS A PRIORITY IN UNIVERSITY ENVIRONMENT � CASE STUDY : GENDER NON-DISCRIMINATORY ACCESS TO BLENDED-LEARNING GEODETIC EDUCATION IN ROMANIA ». Dans 13th SGEM GeoConference on ECOLOGY, ECONOMICS, EDUCATION AND LEGISLATION. Stef92 Technology, 2013. http://dx.doi.org/10.5593/sgem2013/be5.v2/s22.009.
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PERKUMIENĖ, Dalia, Rasa MERKIENĖ et Ozgur OGUZ. « PROVISION OF EQUAL RIGHTS AND OPPORTUNITIES RELATING WITH LABOUR RELATIONS IN PUBLIC SECTOR ». Dans Rural Development 2015. Aleksandras Stulginskis University, 2015. http://dx.doi.org/10.15544/rd.2015.125.
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Human rights are one of the most popular topics in modern global communities. Therefore, the adoption of the Law of the Republic of Lithuania on Equal Opportunities and the establishment of the institution that governs the execution of this law is a significant legal step which permits to actually ensure the compliance of one of the most fundamental rights of the individual, i.e. non-discrimination on the basis of gender. Equality, being one of the fundamental principles of human rights, is governed by international contracts and legal acts of the Republic of Lithuania. The results of the questionnaires permit to claim that the administration of Kaunas district municipality pays too little attention to the provision of the information about the Law on Equal Opportunities of the Republic of Lithuania and amendments where of to the employees of Kaunas district municipality. Thus there are a lot of problems related to the provision of equal opportunities to the employees at work.
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Matić Klanjšček, Milena, et Dora Najrajter. « Neenaka obravnava pri delu in zaposlovanju v luči družbene odgovornosti podjetij v času epidemije ». Dans Society’s Challenges for Organizational Opportunities : Conference Proceedings. University of Maribor Press, 2022. http://dx.doi.org/10.18690/um.fov.3.2022.43.
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According to the law, the employer is obliged to ensure equal treatment of all, regardless of any personal circumstances. Discrimination is prohibited, but not all unequal treatment is discrimination. In practice, the implementation of the principle of equality requires measures stemming from the EU Equal Treatment Directive, which strengthens the position of disadvantaged groups and increases employment and career prospects. Today, corporate social responsibility is of great importance in achieving business and economic success. In addition to striving for profit, companies also include respect and equal treatment of all stakeholders. Social responsibility affects employee’s satisfaction, which is reflected in greater productivity and competitiveness. The paper substantiates companies' commitments to respect human rights, in particular the right to work and employment, it also analyses various aspects of unequal treatment between employees and jobseekers as fair treatment of the labour market is particularly important in pandemic times. The rights deriving from work are all the greater.
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Ivanova, Pavlina. « THE EXTRAORDINARY ASPECTS OF LABOR RELATIONS ». Dans THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.105.
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The unprecedented situation in 2020 put employers in a state of uncertainty and challenged them to find new forms of work, maintain employment relationships, ensure a safe working environment and working conditions, and at the same time comply with regulatory requirements. In this context, labor legislation has had to be adapted to the new circumstances in which the elements of the employment relationship have acquired "extraordinary" aspects. The purpose of this report is to review new aspects of labor relations in a pandemic environment, discussing regulatory changes, their consequences and opportunities.
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Garayová, Lilla. « Cohabitation in the Slovak Republic : Myth or Reality ? » Dans COFOLA 2021. Brno : Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9981-2021-1.
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The following article deals with the issue of cohabitation in the Slovak Republic. An institute, that while does not formally exist in Slovak legal order, still has certain legal consequences. Slovak family law is facing a comprehensive transformation, so it is expected, that many of the issues outlined in the submitted article will be properly dealt with in the expected recodification of Slovak civil law, that will include family law as well. As far as the current legal framework however, it leaves much to be desired. There is no legal institute which would be an alternative to traditional marriage, nor an institute which would comprehensively cover the legal status, rights and duties of cohabitants. This is due to the traditional nature of Slovak family law, the way the institute of marriage and family are dealt with in our legal order. While a comprehensive legal framework of cohabitation is missing, it cannot be said that the Slovak legislation ignores cohabitation – there are many legal consequences in various fields of law that relate to the rights of cohabitants. The article highlights the gaps in these areas as well as potential opportunities for future legislation. The research was carried out within the framework of the Central European Professors’ Network coordinated by the Ferenc Mádl Institute of Comparative Law.
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Amin, Latif. « Difficulties in issuing the constitution of the Kurdistan Region ». Dans INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp181-190.
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The Constitution is the basic law and from it all authorities derive their powers and the legitimacy of their actions, through which the form of the state, its government, its system of governance, the nature of authorities, their competencies, the relations between them, and their limits are determined, in addition to determining the rights of citizens: individuals and groups, and ensuring the performance of these rights for them. It is the right of any region or state in the federal state to have a constitution, and in the Kurdistan region it was possible to establish a constitution for the region since 1992 after the issuance of the federal statement by the Parliament of Kurdistan, which decided to define the right of the Kurds to disobey as a formula for peaceful coexistence in federalism, but this was not done, Since the issuance of the Iraqi Constitution of 2005 and its entry into force in 2006 and its recognition of the Kurdistan Region as a region within federal Iraq, the region should have drawn up its constitution based on the provisions of Article 120 of the Constitution. Undoubtedly, there are several internal and regional reasons and obstacles that stand in the way of the enactment of the constitution in the most valuable of them - There is no single supreme authority in the region, but there are two authorities, one in Erbil and the other in Sulaymaniyah, both of whom consider themselves equal to the other The regional impact represented by the interventions of the two neighboring countries, Iran and TurkeThe absence of the mentality of the statesmen, but the mentality of the men of power and the party, and looking at the constitution from a narrow hierarchical perspective. In order for the region to have a good constitution, these obstacles must be removedy
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Keselj, Ana, Petra Bego, Krunoslav Zubrinic et Mario Milicevic. « Comparison of Accessibility in EU Public Sector Websites ». Dans Human Systems Engineering and Design (IHSED 2021) Future Trends and Applications. AHFE International, 2021. http://dx.doi.org/10.54941/ahfe1001115.
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The European Parliament stresses that the Internet is now an essential tool not only for accessing information and communicating with others, but also for many other daily activities, as it allows access to many services. Therefore, it is very important in the process of enabling participation in democracy and social inclusion. European Parliament has ensured that current standards for its products and content are met, including those to be heard in the EU Web Accessibility Directive, which came into force in December 2016. EU members have committed to taking appropriate measures to ensure access for people with disabilities on an equal basis with others from September 2018. Almost three years have passed since this law came into force and it is questionable how the law has been interpreted and applied to websites of public bodies and services. This paper examines the extent to which the legislation has affected the accessibility of public sector websites of EU member countries.
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Morina, Gazmend, et Gani Kastrati. « ENVIRONMENTAL EXPENDITURE OF ENTERPRISES, IN MINING SECTOR IN KOSOVO ». Dans 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/5.1/s21.072.
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Environmental expenditures include all environmental protection expenditures to prevent, reduce and control environmental aspects, impacts and hazards, in addition to the costs of disposal, treatment, hygiene and cleaning. Environmental protection expenditures are defined as investments of enterprises allocated to reduce direct environmental pollution. In this scientific paper we will address the topic of environmental costs of enterprises in the mining sector in Kosovo. All enterprises of the mining industry in Kosovo are obliged by legislation to allocate or plan a budget for environmental expenditures. The Independent Commission for Mines and Minerals is an independent agency defined by the Constitution of the Republic of Kosovo, which regulates mining activities in Kosovo in accordance with the Law on Mines and Minerals, bylaws issued in accordance with the Law on Mines and Minerals and Kosovo Mining Strategy. This institution has determined by administrative instruction the expenses which the enterprises of the mining sector are obliged to deposit in the form of bank guarantees, for the closure of the mine, after the expiration of the license or permit. This type of expense for the company is otherwise called insurance "for all risks to third parties". Collecting high quality and reliable environmental expenditure data is essential for policymakers to develop effective environmental policies and for donors and financial institutions. Environmental criteria consider how a company performs as a nature manager. Mining areas often experience a theme of social tension due to the potential compromise between the expected impact of employment and concerns about environmental damage. Pollution control is a necessary condition for welfare benefits despite new job opportunities in the mining sector. Mining operations often require intensive use of water resources, require land and can create severe environmental externalities, including soil erosion and pollution, air and water, pollution from acid mine drainage, to chemical leakage and sedimentation. During this paper we will be based on some methods of scientific research such as: analysis, synthesis, generalization, specification, etc. We will be based on publications or official reports of relevant institutions, Kosovo and international legislation related to the topics addressed as well as field visits to the mining sector enterprises in Kosovo, which allocate more budget for environmental expenditures, for due to the activity they exercise. Finally, we will give our conclusions regarding the adequacy of environmental expenditures made by mining sector companies in Kosovo, the legislation in force and the need to amend or supplement this legislation, etc.
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Licite-Kurbe, Lasma, et Liva Sevcuna. « Labour market characteristics of persons with disability in Latvia ». Dans 23rd International Scientific Conference. “Economic Science for Rural Development 2022”. Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2022. http://dx.doi.org/10.22616/esrd.2022.56.030.
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The goal of the Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 is to ensure that persons with disabilities in Europe have equal opportunities, including equal access to participate in society and the economy. In 2020, 201 598 persons with disabilities lived in Latvia (10.6% of the total population), moreover, their number is growing every year. Only 26.6% people with disabilities are employed, and their employment is slightly growing every year. Besides, unemployment increases the risk of falling below the poverty line, as well as increases dependence on municipal and national social benefits. The aim of the present research is to analyse the situation of persons with disabilities in the labour market and identify the factors influencing their employment in Latvia. The monographic, analysis and synthesis methods, as well as statistical analysis methods were used to achieve the aim. The research has concluded that the employment of people with disabilities is affected by the support instruments embedded in the legislation and specific support instruments for work integration social enterprises. Overall, however, the support instruments for the integration of people with disabilities into the labour market are few or insufficiently encourage entrepreneurs. To increase the employment of persons with disabilities, it is important to promote the development of social entrepreneurship, in particular the development of work integration social enterprises. Keywords: persons with disability, work integration social enterprise, employment, labour market.
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Šimunović, Lidija, et Tena Konjević. « IMPLEMENTATION OF THE DIRECTIVE 2019/1023 IN THE CROATIAN LEGAL SYSTEM : A NEW TREND OF RESTRUCTURING IN THE CROATIAN INSOLVENCY LAW OR ANOTHER MISSED OPPORTUNITY ? » Dans The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22415.
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Saving companies as early as possible and providing new opportunities to faltering entrepreneurs has become one of the main priorities of the EU policy. Following the example of American legislation, the EU Commission has recognized the importance of acknowledging the difficulties in doing business and, through the Directive 2019/1023, created a legal basis for harmonized restructuring tools in EU member state. The aim of the Directive is to enable encouragement, reorganization and creation of new opportunities to faltering entrepreneurs. Although the aim of the Directive 2019/1023 is well thought out, its adoption has not been followed by smooth implementation. Many EU Member States used the possibility of extending the implementation deadline and have implemented the Directive 2019/1023, so to speak, at the last minute. One of such countries is the Republic of Croatia, which, with the latest amendments to the Bankruptcy Act from March 2022, passed a series of provisions implementing the goals and solutions from the Directive 2019/1023. This article opens with an analysis of the circumstances that led to the adoption of the Directive 2019/1023 and gives an overview of its objectives and provisions. In addition, the article addresses the short overview of the implementation solutions developed in Austrian and German law, which are role models for Croatian bankruptcy law. The central part of the paper provides a critical analysis of the amended provisions of the Croatian Bankruptcy Act, which implements the Directive 2019/1023 into the Croatian legal system. The authors warn of possible challenges in the enforcement of the objectives of the Directive through the prism of the amended rules of the Bankruptcy Act.
Rapports d'organisations sur le sujet "Equal opportunities – Law and legislation"
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Paul, Kylie, Anna Wearn, Rob Ament, Elizabeth Fairbank et Zack Wurtzebach. A Toolkit for Developing Effective Projects Under the Federal Wildlife Crossings Pilot Program. Center for Large Landscape Conservation, décembre 2021. http://dx.doi.org/10.53847/pznn2279.
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In November 2021, Congress passed the Infrastructure Investment and Jobs Act, now referred to as the Bipartisan Infrastructure Law, which includes multiple provisions related to conserving fish and wildlife. One of the most exciting elements of this historic legislation is a dedicated $350 million competitive grant program called the Wildlife Crossings Pilot Program. In order to assist eligible applicants and partners to understand and take advantage of these new funding and policy opportunities, the Center for Large Landscape Conservation’s Corridors & Crossings Program has created “A Toolkit for Developing Effective Projects Under the Federal Wildlife Crossings Pilot Program.” The document provides: An overview of the Wildlife Crossings Pilot Program and other fish and wildlife provisions in the Bipartisan Infrastructure Law, suggestions for how applicants and their partners can engage, best practices, examples, and resources for designing effective wildlife crossing projects in accordance with each of the grant application criterion of the Wildlife Crossings Pilot Program.
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Macdonald, Keir. The Impact of Business Environment Reforms on Poverty, Gender and Inclusion. Institute of Development Studies (IDS), janvier 2021. http://dx.doi.org/10.19088/k4d.2021.006.
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This rapid review synthesises the literature from academic, policy, and knowledge institution sources on how business environment reforms in middle-income countries impacts on poverty, gender and inclusion. Although, there is limited evidence on the direct impact of business environment reforms on poverty, gender, and inclusion, this review illustrates that there is evidence of indirect effects of such reforms. Business environment reform (BER) targets inadequate business regulations and institutions, in order to remove constraints to business investment and expansion, enabling growth and job creation, as well as new opportunities for international business to contribute to and benefit from this growth. However, there is a lack of detailed knowledge of the impact of BER on gender and inclusion (G&I) outcomes, in terms of the potential to remove institutional barriers which exclude formerly marginalised groups from business opportunities, in ways that promote equal access to resources, opportunities, benefits, and services. The literature shows how the business environment affects women in business, and how women’s experiences of a given business environment can be different from those of men. This is the result of disparities in how they are treated under the law, but also based on structural and sociocultural factors which influence how men and women behave in a given business environment and the barriers they face.
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Lazonick, William, Philip Moss et Joshua Weitz. Equality Denied : Tech and African Americans. Institute for New Economic Thinking, février 2022. http://dx.doi.org/10.36687/inetwp177.
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Thus far in reporting the findings of our project “Fifty Years After: Black Employment in the United States Under the Equal Employment Opportunity Commission,” our analysis of what has happened to African American employment over the past half century has documented the importance of manufacturing employment to the upward socioeconomic mobility of Blacks in the 1960s and 1970s and the devastating impact of rationalization—the permanent elimination of blue-collar employment—on their socioeconomic mobility in the 1980s and beyond. The upward mobility of Blacks in the earlier decades was based on the Old Economy business model (OEBM) with its characteristic “career-with-one-company” (CWOC) employment relations. At its launching in 1965, the policy approach of the Equal Employment Opportunity Commission assumed the existence of CWOC, providing corporate employees, Blacks included, with a potential path for upward socioeconomic mobility over the course of their working lives by gaining access to productive opportunities and higher pay through stable employment within companies. It was through these internal employment structures that Blacks could potentially overcome barriers to the long legacy of job and pay discrimination. In the 1960s and 1970s, the generally growing availability of unionized semiskilled jobs gave working people, including Blacks, the large measure of employment stability as well as rising wages and benefits characteristic of the lower levels of the middle class. The next stage in this process of upward socioeconomic mobility should have been—and in a nation as prosperous as the United States could have been—the entry of the offspring of the new Black blue-collar middle class into white-collar occupations requiring higher educations. Despite progress in the attainment of college degrees, however, Blacks have had very limited access to the best employment opportunities as professional, technical, and administrative personnel at U.S. technology companies. Since the 1980s, the barriers to African American upward socioeconomic mobility have occurred within the context of the marketization (the end of CWOC) and globalization (accessibility to transnational labor supplies) of high-tech employment relations in the United States. These new employment relations, which stress interfirm labor mobility instead of intrafirm employment structures in the building of careers, are characteristic of the rise of the New Economy business model (NEBM), as scrutinized in William Lazonick’s 2009 book, Sustainable Prosperity in the New Economy? Business Organization and High-Tech Employment in the United States (Upjohn Institute). In this paper, we analyze the exclusion of Blacks from STEM (science, technology, engineering, math) occupations, using EEO-1 employment data made public, voluntarily and exceptionally, for various years between 2014 and 2020 by major tech companies, including Alphabet (Google), Amazon, Apple, Cisco, Facebook (now Meta), Hewlett Packard Enterprise, HP Inc., Intel, Microsoft, PayPal, Salesforce, and Uber. These data document the vast over-representation of Asian Americans and vast under-representation of African Americans at these tech companies in recent years. The data also shine a light on the racial, ethnic, and gender composition of large masses of lower-paid labor in the United States at leading U.S. tech companies, including tens of thousands of sales workers at Apple and hundreds of thousands of laborers & helpers at Amazon. In the cases of Hewlett-Packard, IBM, and Intel, we have access to EEO-1 data from earlier decades that permit in-depth accounts of the employment transitions that characterized the demise of OEBM and the rise of NEBM. Given our findings from the EEO-1 data analysis, our paper then seeks to explain the enormous presence of Asian Americans and the glaring absence of African Americans in well-paid employment under NEBM. A cogent answer to this question requires an understanding of the institutional conditions that have determined the availability of qualified Asians and Blacks to fill these employment opportunities as well as the access of qualified people by race, ethnicity, and gender to the employment opportunities that are available. Our analysis of the racial/ethnic determinants of STEM employment focuses on a) stark differences among racial and ethnic groups in educational attainment and performance relevant to accessing STEM occupations, b) the decline in the implementation of affirmative-action legislation from the early 1980s, c) changes in U.S. immigration policy that favored the entry of well-educated Asians, especially with the passage of the Immigration Act of 1990, and d) consequent social barriers that qualified Blacks have faced relative to Asians and whites in accessing tech employment as a result of a combination of statistical discrimination against African Americans and their exclusion from effective social networks.
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Lazonick, William, Philip Moss et Joshua Weitz. The Unmaking of the Black Blue-Collar Middle Class. Institute for New Economic Thinking Working Paper Series, mai 2021. http://dx.doi.org/10.36687/inetwp159.
Texte intégralRésumé :
In the decade after the Civil Rights Act of 1964, African Americans made historic gains in accessing employment opportunities in racially integrated workplaces in U.S. business firms and government agencies. In the previous working papers in this series, we have shown that in the 1960s and 1970s, Blacks without college degrees were gaining access to the American middle class by moving into well-paid unionized jobs in capital-intensive mass production industries. At that time, major U.S. companies paid these blue-collar workers middle-class wages, offered stable employment, and provided employees with health and retirement benefits. Of particular importance to Blacks was the opening up to them of unionized semiskilled operative and skilled craft jobs, for which in a number of industries, and particularly those in the automobile and electronic manufacturing sectors, there was strong demand. In addition, by the end of the 1970s, buoyed by affirmative action and the growth of public-service employment, Blacks were experiencing upward mobility through employment in government agencies at local, state, and federal levels as well as in civil-society organizations, largely funded by government, to operate social and community development programs aimed at urban areas where Blacks lived. By the end of the 1970s, there was an emergent blue-collar Black middle class in the United States. Most of these workers had no more than high-school educations but had sufficient earnings and benefits to provide their families with economic security, including realistic expectations that their children would have the opportunity to move up the economic ladder to join the ranks of the college-educated white-collar middle class. That is what had happened for whites in the post-World War II decades, and given the momentum provided by the dominant position of the United States in global manufacturing and the nation’s equal employment opportunity legislation, there was every reason to believe that Blacks would experience intergenerational upward mobility along a similar education-and-employment career path. That did not happen. Overall, the 1980s and 1990s were decades of economic growth in the United States. For the emerging blue-collar Black middle class, however, the experience was of job loss, economic insecurity, and downward mobility. As the twentieth century ended and the twenty-first century began, moreover, it became apparent that this downward spiral was not confined to Blacks. Whites with only high-school educations also saw their blue-collar employment opportunities disappear, accompanied by lower wages, fewer benefits, and less security for those who continued to find employment in these jobs. The distress experienced by white Americans with the decline of the blue-collar middle class follows the downward trajectory that has adversely affected the socioeconomic positions of the much more vulnerable blue-collar Black middle class from the early 1980s. In this paper, we document when, how, and why the unmaking of the blue-collar Black middle class occurred and intergenerational upward mobility of Blacks to the college-educated middle class was stifled. We focus on blue-collar layoffs and manufacturing-plant closings in an important sector for Black employment, the automobile industry from the early 1980s. We then document the adverse impact on Blacks that has occurred in government-sector employment in a financialized economy in which the dominant ideology is that concentration of income among the richest households promotes productive investment, with government spending only impeding that objective. Reduction of taxes primarily on the wealthy and the corporate sector, the ascendancy of political and economic beliefs that celebrate the efficiency and dynamism of “free market” business enterprise, and the denigration of the idea that government can solve social problems all combined to shrink government budgets, diminish regulatory enforcement, and scuttle initiatives that previously provided greater opportunity for African Americans in the government and civil-society sectors.