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Articoli di riviste sul tema "Anti-discrimination legislation"

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Autore: Grafiati

Pubblicato: 4 giugno 2021

Ultima modifica: 25 gennaio 2023

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1

Gilroy-Scott, Clare, e James Dalglish. "New Anti-Discrimination Legislation". Legal Information Management 4, n. 1 (marzo 2004): 56–59. http://dx.doi.org/10.1017/s1472669603001130.

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From December 2003, for the first time, people looking for work and those in jobs or training will have a right to complain about discriminatory behaviour based on their sexual orientation and religion or religious belief. Similar protection against discrimination based on age should also some into force in 2006. It seems clear that these regulations represent a significant step forward in addressing unfair discrimination in the UK and in achieving a certain level of uniformity and coherence across discrimination legislation.

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Hebl, Michelle, Laura Barron, Cody Brent Cox e Abigail R. Corrington. "The efficacy of sexual orientation anti-discrimination legislation". Equality, Diversity and Inclusion: An International Journal 35, n. 7/8 (19 settembre 2016): 449–66. http://dx.doi.org/10.1108/edi-07-2016-0060.

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Purpose The purpose of this paper is to summarize the limited body of research that focuses on the efficacy of sexual orientation anti-discrimination legislation in reducing discrimination. Design/methodology/approach Reviews past research that documents overt and subtle forms of workplace discrimination against gay, lesbian, and bisexual individuals and describes how legislation plays an important role in changing social norms and underlying attitudes. Findings Empirically demonstrates that legislation effectively can reduce discrimination. Originality/value Informs legislative debate and promotes the expansion and adoption of national, state, and local legislation on sexual orientation anti-discrimination legislation.

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Mullan, Kenneth. "Reforming anti‐discrimination legislation: Fair enough?" Public Money & Management 8, n. 1-2 (marzo 1988): 69–72. http://dx.doi.org/10.1080/09540968809387467.

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4

Lester, Anthony. "Anti‐discrimination legislation in Great Britain". Journal of Ethnic and Migration Studies 14, n. 1-2 (settembre 1987): 21–31. http://dx.doi.org/10.1080/1369183x.1987.9976024.

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5

Stephenson, Jacqueline, e Natalie Persadie. "Anti-discrimination legislation in the Caribbean: is everyone protected?" Equality, Diversity and Inclusion: An International Journal 38, n. 7 (16 settembre 2019): 779–92. http://dx.doi.org/10.1108/edi-11-2017-0238.

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

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Hewitt, Anne. "Can A Theoretical Consideration of Australia's Anti-Discrimination Laws Inform Law Reform?" Federal Law Review 41, n. 1 (marzo 2013): 35–70. http://dx.doi.org/10.22145/flr.41.1.2.

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Anti-discrimination law in Australia is at a crossroads. After four decades of proliferation of legislation to regulate discrimination, national attention has turned from increasing regulation to legislative consolidation and reform. This article contributes a theoretical analysis to the reform debate. Two liberal theoretical justifications for prohibiting discrimination, harm and redistributive justice, are considered. This investigation assists to determine when the state should intervene in order to restrict discrimination, and whether state and territory anti-discrimination regimes have a legitimate continuing role in Australia's legislative landscape.

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Feldman, David. "PROPORTIONALITY AND DISCRIMINATION IN ANTI-TERRORISM LEGISLATION". Cambridge Law Journal 64, n. 2 (7 luglio 2005): 271–73. http://dx.doi.org/10.1017/s0008197305226867.

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8

Asarite, Laura. "Compliance Patterns with EU Anti-Discrimination Legislation". Europe-Asia Studies 68, n. 7 (8 agosto 2016): 1267–68. http://dx.doi.org/10.1080/09668136.2016.1218164.

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9

Bodnaruk, M. I., e A. V. Burka. "Legal regulatory anti-discrimination in job advertising: national and foreign experience". Analytical and Comparative Jurisprudence, n. 4 (27 novembre 2022): 150–56. http://dx.doi.org/10.24144/2788-6018.2022.04.27.

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Despite the fact that in national legislation there is a direct, general ban on the use in advertising of statements and/or images that are discriminatory, as well as directly making claims of a discriminatory nature on the basis of race, skin color, gender, age, state of health, sexual orientation, etc. in advertisements about available vacancies, the latter (discriminatory job advertisements) will continue to be an "integral attribute" of the employment process. It is worth noting that discrimination against employees/candidates in job advertisements is widespread not only in Ukraine. Every country to a certain degree or another faces this type of discrimination, and as a result, the requirements are set at the legislative level for job advertisements, namely: their content, place of publication; cases are prescribed in detail, when advantages are still allowed for one or another reason; liability of employers for violations of legislation. The article provides a concise retrospective analysis of national legislative requirements regarding the prohibition of discrimination in the advertising of employment services; the provisions of the regulatory acts establishing the procedure for prosecuting advertisers for violations of anti-discrimination norms were analyzed. It was concluded that, in general, the changes made to the current legislation in the field of advertisers' responsibility deserve a positive assessment, but the question of the effectiveness of fines in the real fight against discrimination in practice remains open. A study of the existing legal requirements for job advertisements and liability for their violation in such countries as the USA, Australia, France, Germany, Great Britain was carried out. The comparative legal analysis of national and foreign legislation made it possible to conclude that: 1) the list of signs for which discrimination in job advertisements is prohibited is almost similar; 2) foreign legislation, generally, defines in sufficient detail the possibility of deviating from anti-discrimination requirements, in contrast to national legislation; 3) in foreign practice, there are also requirements regarding the place of publication, placement of advertisements, failure to comply with which may indicate hidden or indirect discrimination, but in Ukraine, as of today, there are no such requirements; 4) responsibility, as in Ukraine, in most cases comes in the form of fines, although warnings are also possible.

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Errera, Roger. "France: Recent developments in anti‐Nazi and anti‐discrimination legislation". Patterns of Prejudice 23, n. 1 (marzo 1989): 47–49. http://dx.doi.org/10.1080/0031322x.1989.9969993.

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11

Chan, Phil C. W. "National Origin Discrimination and Race Anti-Discrimination Legislation in Hong Kong". International Journal of Human Rights 12, n. 5 (dicembre 2008): 837–56. http://dx.doi.org/10.1080/13642980802396911.

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BARRON, LAURA G. "SEXUAL ORIENTATION EMPLOYMENT ANTI-DISCRIMINATION LEGISLATION AND HIRING DISCRIMINATION AND PREJUDICE." Academy of Management Proceedings 2009, n. 1 (agosto 2009): 1–6. http://dx.doi.org/10.5465/ambpp.2009.44243452.

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13

Thornton, Margaret. "Equality and Anti-Discrimination Legislation: An Uneasy Relationship". Law in Context. A Socio-legal Journal 37, n. 2 (28 agosto 2021): 12–26. http://dx.doi.org/10.26826/law-in-context.v37i2.149.

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Despite the rhetoric of equality that infuses anti-discrimination legislation, a close analysis reveals that it is in-equality that is invariably privileged. With reference to the Australian example, this introductory article will show how the paradox is played out at multiple sites in terms of both form and substance, such as through the individualism and confidentiality of the complaint-based mechanism. A striking exclusion from the legislation is the attribute of class, the most significant manifestation of social inequality, which remains ineffable even when it significantly shapes other attributes. The prevailing political backdrop of neoliberalism plays a significant role in promoting inequality through competition policy and profit maximisation. Powerful corporations not only endeavour to resist transparency, but they also tend to oppose proactive measures in favour of substantive equality. The contradictions of anti-discrimination legislation thereby sustain in-equality while simultaneously espousing the rhetoric of equality.

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Griffith, Richard, e Cassam Tengnah. "Equality and anti-discrimination legislation in health care". British Journal of Community Nursing 15, n. 3 (marzo 2010): 130–34. http://dx.doi.org/10.12968/bjcn.2010.15.3.46901.

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Barnes, Colin. "Institutional discrimination against disabled people and the campaign for anti- discrimination legislation". Critical Social Policy 12, n. 34 (giugno 1992): 5–22. http://dx.doi.org/10.1177/026101839201203401.

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Clark, Alex. "Disabled People in Britain and Discrimination: A Case for Anti-discrimination Legislation". Disability, Handicap & Society 7, n. 3 (gennaio 1992): 287–89. http://dx.doi.org/10.1080/02674649266780311.

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17

Reljanovic, Mario. "Implementation of anti-discrimination legislation in the sphere of labor". Temida 17, n. 2 (2014): 95–113. http://dx.doi.org/10.2298/tem1402095r.

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The establishment of an anti-discrimination normative framework concluded with the adoption of Anti-discrimination Law in 2009. In the intervening five years since its implementation there has been various difficulties, doubts and misinterpretations in case law. This is particularly evident in the field of labor engagement, where discrimination is traditionally very common, and consequently there is a necessity for efficient protection of employees. The aim of this research is to analyze and resolve problems perceived in practice, to point out misinterpretations and misapplications of anti- discriminatory norms in general, particularly in the field of labor, and to suggest solutions that would lead in following years to a harmonization of practices and therefore better protection of workers exposed to discrimination. The article highlights good practices and experiences of free legal aid providers as important elements in understanding the peculiarities of court procedures regarding discrimination in the sphere of labor.

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Neilsen, G. A., e F. J. Young. "HIV/AIDS, Advocacy and Anti-Discrimination Legislation—The Australian Response". International Journal of STD & AIDS 5, n. 1 (gennaio 1994): 13–17. http://dx.doi.org/10.1177/095646249400500104.

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This paper will address the role of mass communication strategies in the reduction of HIV/AIDS discrimination in Australia. It will focus on the interdependence of mass communication and legislation in health promotion campaigns with particular reference to the Disability Discrimination Act 1992. This will be discussed in the context of other HIV/AIDS strategies in Australia. The public health impact of discrimination is explored in relation to HIV/AIDS and the role of anti-discrimination legislation is discussed. Public health legislation can serve as a symbolic reflection of public opinion or actively change it. Laws can transform the practices of both public and private institutions and thus decrease discrimination. They can also provide specific remedies for people adversely affected by discriminatory attitudes and practices. Mass communication can maximize the impact of legislation by promoting awareness of new laws and, more importantly, lead changes in the attitudes of the polity and the wider public.

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19

Carty, Hazel. "Formal investigations and the efficacy of anti-discrimination legislation". Journal of Social Welfare Law 8, n. 4 (luglio 1986): 207–14. http://dx.doi.org/10.1080/09649068608413538.

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Hamilton, Jennifer. "‘Disability’ and ‘Discrimination’ in the Context of Disability Discrimination Legislation: The UK and Australian Acts Compared". International Journal of Discrimination and the Law 4, n. 3 (settembre 2000): 203–45. http://dx.doi.org/10.1177/135822910000400302.

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Both the Commonwealth of Australia and the UK now have in place anti-disability discrimination legislation. In the example of the Commonwealth, that legislation reflected a positive desire by the community and the government to eliminate disability discrimination in public life. In the UK on the other hand, the legislation introduced represented something of a compromise between activists, who wanted stronger legislation, and the government who up until that point had wanted none. Historically anti-discrimination legislation in both jurisdictions has been similarly structured; containing similar grounds of discrimination and also a similar conceptualisation of discrimination. However, partly no doubt as a result of government antipathy, the UK model of legislation departs from the model used in earlier antidiscrimination legislation in a number of key respects: the legislation contains a new conceptualisation of discrimination; and, it introduces for the first time in antidiscrimination legislation a general ‘defence’ of justification for all forms of discrimination. Additionally, the definition of ‘disability’ employed in the Act is very narrow, concentrating upon a person's functional limitations in relation to ‘normal’ activities. The purpose of this article is to contrast the concepts of ‘disability’ employed in the Acts, and to consider the effectiveness of both the ‘traditional’ and the new conceptualization of discrimination contained in the Commonwealth and UK Acts respectively. While disability under the UK Act is reflective of the government's antipathy to the new legislation, the reconceptualization of discrimination is, on the whole, a positive feature, moving away from the principle that equality equals ‘sameness’, to one which gives recognition to disadvantage and places an explicit, positive, obligation on employers to redress that disadvantage. Other areas of difference between the two Acts — such as in the area of ‘defenses’, the development of enforceable Standards (under the Commonwealth Act), and methods of enforcement will be covered in a subsequent article.

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BARROW, Amy. "Sexual Orientation, Gender Identity, and Equality in Hong Kong: Rights, Resistance, and Possibilities for Reform". Asian Journal of Comparative Law 15, n. 1 (23 marzo 2020): 126–55. http://dx.doi.org/10.1017/asjcl.2020.2.

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AbstractThis article explores the implications of an absence of anti-discrimination legislation on the grounds of sexual orientation and gender identity (SOGI) in Hong Kong. Strategic litigation has played an important role in securing legal protections for the Lesbian, Gay, Bisexual, and Transgender (LGBT) community in the face of resistance from the Hong Kong Special Administrative Region (HKSAR) government, as well as religious and parental concern groups. Despite a growing body of evidence which outlines the self-reported daily discrimination experienced by LGBT individuals, the HKSAR government has resisted calls to adopt anti-discrimination legislation on the grounds of SOGI, focusing instead on self-regulation and education. Grounded in qualitative research interviews examining the feasibility of adopting anti-discrimination legislation on the grounds of SOGI in Hong Kong, this article explores the current legal landscape for LGBT rights, resistance, and possibilities for reform.

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Bježančević, Sanja. "The occurrence of discrimination in Croatia and citizens’ awareness of anti-discrimination legislation". Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, n. 3 (2021): 713–37. http://dx.doi.org/10.30925/zpfsr.41.3.3.

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Načelo zabrane diskriminacija temelj je suvremenog sustava zaštite ljudskih prava i sloboda i svi najvažniji međunarodno pravni ugovori koji uređuju pitanje zaštite ljudskih prava proklamiraju ovo načelo. Kao jedna od temeljnih vrednota ustavnog poretka Republike Hrvatske, zabrana diskriminacije uređena je Zakonom o suzbijanju diskriminacije. Iako su zakonodavni okvir i mehanizmi zaštite od diskriminacije zadovoljavajući, stanje diskriminacije bitno je drugačije. Istraživanje provedeno na uzorku od 761 punoljetnom ispitaniku pokazuje da je diskriminacija u hrvatskom društvu snažno prisutna te da češće pogađa osobe ženskog spola. Osim po spolu, uzorak je stratificiran i po dobi, stupnju obrazovanja te njihovom radnom statusu i upravo te tri kategorije pokazuju značajan utjecaj na upoznatost ispitanika sa postojanjem zakonodavnog okvira zaštite od diskriminacije. Hi-kvadrat testom ispitana je veza između upoznatosti ispitanika sa zakonodavnim okvirom i mehanizmima zaštite od diskriminacije te njihovim postupanjem kao žrtava diskriminacije. Iz rezultata istraživanja je vidljivo da je nepovjerenje u sustav i institucije države glavni razlog nepostupanja žrtava diskriminacije što jasno pokazuje potrebu snažnijeg zalaganja svih dionika i kreiranje cjelovitog sustava zaštite od diskriminacije.

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Ahn, Jean. "A Study on the Key Issues of Legislation of Anti-discrimination Act: Focusing on the Bills of Equality Act Proposed to the National Assembly". Institute for Legal Studies Chonnam National University 42, n. 4 (30 novembre 2022): 281–328. http://dx.doi.org/10.38133/cnulawreview.2022.42.4.281.

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This article aims at figuring out the key issues of legislation through the analysis of the bills of Equality Act or Anti-discrimination Act proposed to the National Assembly, based on the preliminary overview of legislative movement for the enactment of Anti-discrimination Act and the short history of legislation over the fifteen years since Ro Moo-hyun government in Korea. Key issues are picked out as follows through examining four bills proposed to the the National Assembly(Hye-young Jang’s Bill under the name of the Anti-discrimination Act and Sang-min Lee’s Bill, Joo-min Park’s Bill, and In-sook Kwon’s Bill under the name of the Equality Act) : the appropriate name of anti-discrimination law, types of discrimination, areas(scopes) and grounds of discrimination, exceptions of discrimination, instrument of remedy of discrimination, adoption of the compensatory and punitive damages. All the Bills agreed that ‘gender identity’ and ‘status of employment’ should be added to the current nineteen grounds of discrimination stipulated in the National Human Rights Commission Act as the protected characteristics of grounds of discrimination. Hye-young Jang’s Bill includes two more grounds of discrimination such as language and nationality. Furthermore, this study is suggesting to add three more characteristics of grounds of discrimination such as academic background, occupation, and engagement in labor union because those characteristics are very influential in Korean culture. Four bills are commonly suggesting to expand the scopes of discrimination by adding ‘the supply or use of administrative services et. al’ to the current three scopes (employment, the supply or use of goods and services, education) under the National Human Rights Commission Act. They also accepted the broad conception of discrimination which includes indirect discrimination, harassment, sexual harassment and the discriminatory advertisement or expression as well as direct discrimination. Consequently the equality act need to extend the conception and types of discrimination beyond the National Human Rights Commission Act. According to all of the Bills, not only the affirmative action but genuine occupational qualification(BFOQ) in employment should be accepted as the exception of discrimination. In order for the effective enforcement of the equality act, all the Bills are adopting the new instruments of remedy such as the corrective order, the support of litigation of the National Human Rights Commission, provisional or positive measures by the court decision, and the compensatory and punitive damages for the harmful discrimination. These key issues should be considered in the legislation of the anti-discrimination act or the equality act in the near future.

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Wood, Geoffrey, Mark Harcourt e Adrian Wilkinson. "The Effects of Anti-age Discrimination Legislation: A Comparative Analysis". International Journal of Comparative Labour Law and Industrial Relations 26, Issue 4 (1 dicembre 2010): 447–65. http://dx.doi.org/10.54648/ijcl2010028.

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The central aim of this article is to evaluate, compare, and contrast the perceptions of key stakeholders with regard to the likely effects of anti-discrimination legislation on employment relations practice in a liberal market economy, that of the United Kingdom. It is based on a series of in-depth interviews conducted around the time of the implementation of the legislation, compared and contrasted with a similar panel of interviews conducted in New Zealand. In that country, which has similar legal traditions to the United Kingdom and many similarities in terms of employment relations, anti-age discrimination legislation has been in place for some years, so the comparison provides useful insights.

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Viirsalu, Mari-Liis. "Die Umsetzung der Gleichbehandlungsrichtlinien in Estland". osteuropa recht 66, n. 4 (2020): 496–515. http://dx.doi.org/10.5771/0030-6444-2020-4-496.

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Following its accession to the EU in 2004, Estonia has committed to implementing EU anti-discrimination legislation. This article briefly outlines the legal framework for equal treatment in Estonia with regard to its evolution and its characteristic features. Secondly, it analyzes how legal protection against discrimination in Estonia is structured. Thirdly, the current developments regarding the chosen grounds of discrimination will be discussed, drawing on the jurisdiction in discrimination cases. In this article, only the most common grounds of discrimination such as gender, sexual orientation, disability and age will be covered. While the formal implementation of EU anti-discrimation legislation is broadly completed, structural behavior shifts are still at an early stage. The developments in the domain of equal treatment are, however, noticeable, and this is apparently due to EU legislation - without the desire to please the EU at the time, Estonia would not have come this far today.

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Ferri, Delia, e Silvia Favalli. "Defining Disability in the European Union Nondiscrimination Legislation: Judicial Activism and Legislative Restraints". European Public Law 22, Issue 3 (1 settembre 2016): 541–67. http://dx.doi.org/10.54648/euro2016033.

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To date European Union anti-discrimination legislation, particularly the Employment Equality Directive (Directive 2000/78/EC), does not provide any clear definition of disability as a ground of discrimination. In the last few years, the Court of Justice of the European Union (CJEU) has attempted to fill this gap and discussed the concept of disability in several decisions, in the attempt to provide a definition of the ground of disability. The ratification by the European Union of the UN Convention on Rights of Persons with Disabilities (UNCRPD), has led to a clear overruling in the case law: the Court shifted from the medical model to the social model of disability. The UNCRPD now represents a milestone for the CJEU, which recognized that a duty arises to define disability in line with the social model, under the principle of consistent interpretation. Against this background, this article discusses CJEU case law, and compares and contrasts the judicial activism of the Court with the cautious approach adopted by the European Commission in the proposal for a new non-discrimination directive.

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Reisel, Liza. "The Meaning of Ethnic Equality in Scandinavian Anti-Discrimination Legislation". Nordic Journal of Migration Research 5, n. 1 (1 marzo 2015): 19. http://dx.doi.org/10.2478/njmr-2014-0023.

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Brooks, Adrian. "Book Reviews : The Liberal Promise: Anti-Discrimination Legislation in Australia". Journal of Industrial Relations 34, n. 4 (dicembre 1992): 605–7. http://dx.doi.org/10.1177/002218569203400408.

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Bennington, Lynne, e Ruth Wein. "Anti‐discrimination legislation in Australia: fair, effective, efficient or irrelevant?" International Journal of Manpower 21, n. 1 (febbraio 2000): 21–33. http://dx.doi.org/10.1108/01437720010319435.

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Buniak, Daria. "Constitutional Gender Anti-Discrimination Measures in European Model of Human Rights". Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2020, n. 3 (6 novembre 2020): 245–56. http://dx.doi.org/10.21603/2542-1840-2020-4-3-245-256.

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The present research featured anti- discrimination laws used in EU countries. The research objective was to describe the categories of equality, non-discrimination, and protection against discrimination within the European model of human rights, as well as to analyze their effectiveness. The article focuses on domestic violence, gender discrimination in the political sphere, and the so-called gender laws, or laws on gender-based violence. Even in the modern world, women still remain subject to discrimination. This fact justifies the development of special laws to protect their natural rights. However, the exact extent of gender discrimination remains unclear. The author raises the question of effectiveness of such laws and other legal provisions. The research featured both constitutional norms and current legislation in cases its norms develop the constitutionally significant principle of non-discrimination, as well as the practice of constitutional review bodies, special bodies, and legal awareness. The work was based on the dialectical method (logical method, analysis and synthesis, modeling), as well as on some special methods (formal legal, historical, systemic, etc.). The formal legal method was used to analyze the gender anti-discrimination norms of legislation of EU countries. The specific-historical method helped to interpret the legal events and facts that shaped the modern constitutional protection measures. The system method was used to describe the legislation of the EU states. Equality is the freedom for a person to choose their identity and occupation regardless of behavior stereotypes imposed by their community. The European model of human rights concentrates on such constitutional and legal aspects of the fight against discrimination as the legislation reform and bodies of constitutional control. However, sometimes such measures fail and might be used for manipulation.

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Choi, Hoon. "Do anti-discrimination laws alleviate labour market duality?" International Journal of Manpower 41, n. 8 (11 maggio 2020): 1341–61. http://dx.doi.org/10.1108/ijm-07-2019-0328.

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

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Smit, Nicola. "Equity Legislation in South Africa with Specific Reference to HIV/Aids and Disability". International Journal of Comparative Labour Law and Industrial Relations 18, Issue 1 (1 marzo 2002): 47–66. http://dx.doi.org/10.54648/405336.

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South Africa has a very advanced system of anti-discrimination legislation. In the labour law sphere, the relevant legislation includes the Employment Equity Act of 1998, the Labour Relations Act of 1995 and, of course, the Constitution of 1996. This article focuses on two prohibited grounds of discrimination, namely disability and HIV/Aids. HIV/Aids is nearing epidemic proportions in South Africa and its impact on individuals, the economy as well as the general prosperity of the country cannot be denied. Disabled persons constitute one of the designated groups, for purposes of affirmative action, in terms of the Employment Equity Act. Although both direct and indirect unfair discrimination is prohibited in all workplaces in South Africa, such protection has to be implemented and enforced by labour legislation and the courts. This article investigates the success achieved to date in protecting employees in workplaces from both unfair labour practices and unfair discrimination because of their HIV/Aids status or their disability. Job applicants are also protected by anti-discrimination legislation and it has become evident that the constitutional court is not hesitant to come to the assistance of this category. The case of Hoffmann v. SAA (see also Woolworths v. Whitehead) is discussed. The author comes to the conclusion that present anti-discrimination laws provide the courts with ample scope to act as guardian of employees as well as job applicants in this area of law. If the courts adopt an approach that recognises substantive equality, as the constitutional court, if not the labour court, has done, this could assist the community in refraining from unfairly discriminating against certain vulnerable groups in society. This discrimination is, after all, often based on unfounded assumptions and generalisations.

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Arowolo, Grace Ayodele. "Protecting women from violence through legislation in Nigeria: Need to enforce anti-discrimination laws". International Journal of Discrimination and the Law 20, n. 4 (11 novembre 2020): 245–88. http://dx.doi.org/10.1177/1358229120971953.

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Violence against women is a commonplace and widespread phenomenon in Nigeria. It results from multifarious factors the major ones being gender discrimination/male chauvinism, despite the ratification of major international anti-discrimination laws and the enactment of national laws that prohibit violence. Preliminary investigations reveal among others, that these ratified international anti-discrimination instruments are not yet domesticated into law, while some of the national laws condone violence against women, as encouraged by the patriarchal nature of the Nigerian society which is influenced by culture and religion as enshrined within the plural Nigerian legal system. The article highlights the major Nigerian Federal legislation and their failure to adequately combat violence against women. It argues that the domestication and enforcement of CEDAW and other relevant international anti-discrimination instruments, a review of extant Nigerian laws, and the abolition of Nigerian societal practices and other obnoxious beliefs can lead to adequate protection of women from violence.

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Bárd, Petra. "The German Anti-Discrimination Legislation with a Special Focus on Disability". Acta Juridica Hungarica 47, n. 3 (1 settembre 2006): 273–301. http://dx.doi.org/10.1556/ajur.47.2006.3.-4.

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Bárd, Petra. "The German Anti-Discrimination Legislation with a Special Focus on Disability". Acta Juridica Hungarica 47, n. 3 (settembre 2006): 273–301. http://dx.doi.org/10.1556/ajur.47.2006.3.4.

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Fontanos, Naomi. "Media Coverage on the Proposed Anti‐Discrimination Legislation in the Philippines". Asian Politics & Policy 11, n. 4 (ottobre 2019): 701–5. http://dx.doi.org/10.1111/aspp.12491.

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Floyd, Michael, e John Curtis. "Has Anti-Discrimination Legislation Improved the Employment Opportunities of Disabled People?" Australian Journal of Rehabilitation Counselling 10, n. 2 (gennaio 2004): 69–80. http://dx.doi.org/10.1017/s1323892200000235.

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This article will first of all consider, in some detail, the recent efforts of researchers in the United States to determine whether the Americans with Disabilities Act has improved the employment opportunities of disabled people. It will then go on to examine data on the employment situation of disabled people in the United Kingdom and how this has changed during the period since December, 1997, when the Disability Discrimination Act came into force. Tentative conclusions are then drawn, regarding the effectiveness of the legislation. The article ends with a consideration of the ways in which the monitoring and evaluation of such major shifts in policy might be improved.

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Nothdurft, John, e Hilary Astor. "Laughing in the Dark—Anti— Discrimination Law and Physical Disability in New South Wales". Journal of Industrial Relations 28, n. 3 (settembre 1986): 336–52. http://dx.doi.org/10.1177/002218568602800302.

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Legislation in New South Wales proscribes discrimination, both direct and indirect, against people with disabilities. The coverage of the legislation is wide and includes dis crimination in all aspects of employment and the provision of education, accommo dation, goods and services, and in registered clubs. The procedures that must be followed by a person with a disability to establish that discrimination has taken place have, however, caused problems. This paper reviews the New South Wales legislation and its operation, particularly in relation to equal employment opportunity programmes and people with physical disabilities. It concludes with reconunendations for refining the law and the methods by which it is implemented.

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Clementi, N., e E. Dobrzynska. "Challenges faced by gender-variant people in receiving appropriate care and ways to improve their care and lives – A UK study". European Psychiatry 33, S1 (marzo 2016): S588—S589. http://dx.doi.org/10.1016/j.eurpsy.2016.01.2189.

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IntroductionIt is only in the last decade that trans people have been accorded rights and give protection in law from discrimination. A survey of 10,000 people undertaken by the Equality and Human Right Commission showed that 1% of the population was gender-variant to some extent. Gender-variant people continue to suffer restricted opportunities, discrimination and harassment at work despite the existence of anti-discrimination and equalities legislation. It is estimated that up to 40% of people with gender dysphoria may not be receiving appropriate help.ObjectiveReview of UK policies, guidelines, legislation and research on challenges faced by gender-variant people and ways to improve their care and lives.AimsTo improve gender-variant people access to care and ways to fight inequalities.MethodsMEDLINE, PsycINFO databases were searched for articles published between 2005–2015 containing the keywords “gender dysphoria”, “gender-variant people” and “transgender people”. Relevant policies, guidelines and legislations were also reviewed.ResultsTransgender people still face major health inequalities and discrimination. National statistics show that 80% have experienced harassment, 62% suffered discrimination at work or home and 54% reported being denied access to NHS care due to lack of cultural competency from staff. Guidelines, research, policies and equality legislation have begun to be implemented to protect transgender people from discrimination and accord rights.ConclusionsMany areas need attention and improvement including not only healthcare but also employment, education, housing and media perception. Promotion of equality in the general population with the aim of achieving cultural change and improvement of cultural competency of health professionals is needed.Disclosure of interestThe authors have not supplied their declaration of competing interest.

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Wank, Rolf. "New Grounds for Anti-discrimination: the Roles of Equality Commissions in Law Enforcement in the UK and Germany". International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (1 dicembre 2005): 571–90. http://dx.doi.org/10.54648/ijcl2005027.

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Abstract: This article argues that new legislation implementing the Framework Employment Directive prohibiting discrimination on grounds of religion, belief or sexual orientation will make no impact on employers? practices and behaviour, unless they are underpinned by enforcement mechanisms similar to those provided under the current anti-discrimination law. In this regard, the article explores the existing framework for enforcement of anti-discrimination law by existing equality bodies in the UK and in Germany and supports the proposals for the establishment of single Equality Commissions in both countries. The article states that the issues of enforcing the new grounds of anti-discrimination should be addressed before the new Commissions come into existence.

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Schmidt, Marlene, e Olga Rymkevich. "Editorial". International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (1 dicembre 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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Yang, Kyung-Eun, e Seung-Hwan Ham. "Truancy as systemic discrimination: Anti-discrimination legislation and its effect on school attendance among immigrant children". Social Science Journal 54, n. 2 (1 giugno 2017): 216–26. http://dx.doi.org/10.1016/j.soscij.2017.02.001.

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Miller, Jeffrey. "Explaining paradigm shifts in Danish anti-discrimination law". Maastricht Journal of European and Comparative Law 26, n. 4 (agosto 2019): 540–57. http://dx.doi.org/10.1177/1023263x19863240.

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The past three decades have witnessed dramatic transformations in Danish anti-discrimination law. Multiple methodologies—from semi-structured interviews and contemporary newspaper articles to empirical analyses of new datasets—are employed to elucidate how and why these shifts occurred. The analysis focuses on the agency of a small group of well-funded and sophisticated legal actors, who first harnessed the power of the preliminary reference procedure to advance gender discrimination claims in the 1980s and 1990s. This strategy was repeated—successfully—when Denmark adopted disability rights legislation for the first time in the 2000s. The present article builds—and offers a fresh perspective—on existing literature that investigates where, why and how Member State courts engage with EU law and the preliminary reference procedure.

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Marshall, Kim. "Disability Discrimination and Higher Education in England and Wales and Australia Compared". International Journal of Discrimination and the Law 6, n. 4 (giugno 2005): 289–324. http://dx.doi.org/10.1177/135822910500600403.

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In its original form the provisions of the UK Disability Discrimination Act 1995 (DDA) contained little of practical help to students with disabilities. This situation was rectified when the Special Educational Needs and Disabilities Act (SENDA) was passed in 2001 becoming the new Part 4 of the DDA. From 2002 legal duties not to discriminate against students with disabilities came into effect. In the Commonwealth of Australia a very different attitude towards disability discrimination has been demonstrated by having legislation to combat disability discrimination in place since 1992, which included specific provisions on education from the outset. The purpose of this article is to examine the approach taken in both jurisdictions towards the use of the anti-discrimination statutes and consider the effectiveness of the legislation in preventing discrimination on the ground of disability in higher education. The paper will examine points of similarity and divergence in the respective systems regarding the application of anti-disability discrimination laws to higher education as well as look to the longer established jurisprudence of the Australian courts for potential guidance that may be helpful to the nascent Part 4 of the DDA and the types of issues that may arise.

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Hatzis, Nicholas. "The Church–Clergy Relationship and Anti-discrimination Law". Ecclesiastical Law Journal 15, n. 2 (10 aprile 2013): 144–57. http://dx.doi.org/10.1017/s0956618x13000252.

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In its recent judgment in Hosanna-Tabor Evangelical Lutheran Church and School v EEOC, the United States Supreme Court held that the First Amendment precludes the application of anti-discrimination law to the employment relationship between a church and its clergy. In 2005 the House of Lords had reached the opposite conclusion, ruling, in Percy v Board of National Mission of the Church of Scotland, that the decision to dismiss an ordained minister was not a spiritual matter falling outside the scope of anti-discrimination legislation. This article argues that Percy largely neglected important aspects of church autonomy and that the reasoning in Hosanna-Tabor offers an opportunity to rethink whether secular law should be allowed to affect a religious group's decision to appoint or dismiss a minister.

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Ezzy, Douglas, Rebecca Banham e Lori G. Beaman. "Religious anti-discrimination legislation and the negotiation of difference in Victoria, Australia". Religion, State and Society 50, n. 1 (1 gennaio 2022): 22–39. http://dx.doi.org/10.1080/09637494.2021.2010906.

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Niessen, Jan. "Making the Law Work. The Enforcement and Implementation of Anti-Discrimination Legislation". European Journal of Migration and Law 5, n. 2 (2003): 249–57. http://dx.doi.org/10.1163/138836403769590756.

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Smith, Olivia. "Ireland's Multiple Ground Anti-Discrimination Framework — Extending the Limitations?" International Journal of Discrimination and the Law 8, n. 1-2 (dicembre 2005): 7–31. http://dx.doi.org/10.1177/135822910500800202.

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Against the backdrop of the more recent similar expansion of the anti-discrimination framework at EU level, this article reviews the operation of the last five years of Ireland's expanded anti-discrimination framework which brought an extension of the discriminatory grounds from two to a total of nine. In particular, it raises questions as to the claimed effectiveness of the ED framework from the perspective of those, particularly women, who identify across multiple grounds. This is evidenced through a review of some of the conceptual and practical problems that inhere in an anti-discrimination structure that is predicated upon a strict categorical-comparator approach to identity and disadvantage. In particular, the way in which women with compound identities experience intersectional discrimination remains unaddressed by dominant conceptions of single category definitions of direct and indirect discrimination. Yet the acknowledged reality of women as victims of multiple discrimination appears to be outwith the structures of the newly expanded legislation. Thus, far from being an effective basis for addressing multiple discrimination, the Irish experience demonstrates again, that at the level of individual enforcement, the well-worn criticisms of the anti-discrimination framework remain firmly embedded in the expanded regulations.

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Ortlieb, Renate, Zijada Rahimić, Christian Hirt, Almina Bešić e Florian Bieber. "Diversity and equality in Bosnia and Herzegovina". Equality, Diversity and Inclusion: An International Journal 38, n. 7 (16 settembre 2019): 763–78. http://dx.doi.org/10.1108/edi-10-2017-0231.

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

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Lurie, Lilach. "Should Age Discrimination Be an Integral Part of Employment Discrimination Law?" Theoretical Inquiries in Law 21, n. 1 (26 febbraio 2020): 103–38. http://dx.doi.org/10.1515/til-2020-0006.

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

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