Articoli di riviste: "Civil rights - discrimination"

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Pepin, Dawn, e Samantha Bent Weber. "Civil Rights Law and the Determinants of Health: How Some States Have Utilized Civil Rights Laws to Increase Protections Against Discrimination". Journal of Law, Medicine & Ethics 47, S2 (2019): 76–79. http://dx.doi.org/10.1177/1073110519857323.

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One fundamental barrier to eliminating health disparities, particularly with regard to the determinants of health, is the persistence of discrimination. Civil rights law is the primary legal mechanism used to address discrimination. Federal civil rights laws have been the subject of wider analyses as a determinant of health as well as a tool to address health disparities. The research on state civil rights laws, while more limited, is growing. This article will highlight a few examples of how some states are using civil rights laws to combat discrimination, particularly in more expansive ways and in the interest of new populations, presenting tools that can target determinants and address the goal of reducing health disparities.

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Lyerly, Eric. "The anatomy of an OCR complaint form". Disability Compliance for Higher Education 29, n. 4 (18 ottobre 2023): 5–7. http://dx.doi.org/10.1002/dhe.31612.

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The Office for Civil Rights is responsible for enforcing federal civil rights laws that prohibit discrimination in programs or activities that receive federal funding. To this end, it investigates complaints of disability discrimination (as well as other forms of discrimination) against colleges and universities.

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Kim, Pauline T. "Addressing algorithmic discrimination". Communications of the ACM 65, n. 1 (gennaio 2022): 25–27. http://dx.doi.org/10.1145/3498660.

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Farhang, Sean. "The Political Development of Job Discrimination Litigation, 1963–1976". Studies in American Political Development 23, n. 1 (19 marzo 2009): 23–60. http://dx.doi.org/10.1017/s0898588x09000029.

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In lobbying for the job discrimination provisions of the Civil Rights Act (CRA) of 1964, liberal civil rights advocates wanted an administrative job discrimination enforcement regime modeled on the National Labor Relations Board (NLRB), with no private lawsuits. Pivotal conservative Republicans, empowered by a divided Democratic Party and the filibuster in the Senate, defeated an administrative framework and provided instead for private lawsuits with incentives for enforcement, including attorney's fees for winning plaintiffs. They were motivated by native suspicion toward bureaucratic regulation of business in general, as well as fear that they would not be able to control an NLRB-style civil rights agency in the hands of their ideological adversaries. In the political environment of 1963–64, some meaningful enforcement provisions were necessary, and to conservative Republicans private litigation was preferable to public bureaucracy.This choice had important self-reinforcing policy feedback effects. Civil rights advocates were initially optimistic about agency implementation and skeptical about the efficacy of private litigation to enforce Title VII, even with attorney's fees for winning plaintiffs. In the late 1960s and early 1970s, however, civil rights advocates observed an agency lacking the material resources and political will and commitment to carry out its mission. At the same time, they observed levels of private enforcement that far exceeded their expectations, as well as courts inclined toward broadly proplaintiff interpretations of Title VII. The CRA of 1964's attorney's fees provisions also had the effect of contributing funds to civil rights groups that prosecuted lawsuits and of conjuring into being a private, for-profit bar to litigate civil rights claims in general, and job discrimination claims in particular. These developments drove a transformation in the enforcement preferences of civil rights groups toward private litigation, weakening their historic support for administrative implementation. Working together with the burgeoning for-profit civil rights bar, they mobilized to expand the fee-shifting provisions of the CRA of 1964 across the entire field of civil rights, which they accomplished by successfully lobbying for enactment of the Civil Rights Attorney's Fees Awards Act of 1976. Thus was created the modern civil rights enforcement framework.

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Hattam, Victoria. "The 1964 Civil Rights Act: Narrating the Past, Authorizing the Future". Studies in American Political Development 18, n. 1 (aprile 2004): 60–69. http://dx.doi.org/10.1017/s0898588x04000045.

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Civil rights legislation of the sixties and seventies sought to end racial discrimination in the United States; doing so required that the federal government establish an official ethnoracial taxonomy in order to specify who was and was not covered by the various statutes. Specifically, the Civil Rights Act of 1964, the Voting Rights Act of 1965, the Fair Housing Act of 1968, the Equal Credit Opportunity Act of 1974, and the Home Mortgage Act of 1975 required federal agencies to identify particular groups to be monitored for evidence of discrimination. Since these statutes were enacted, scholars and activists have argued over their political effects. In fact, the questions raised are legion: Who has benefitted from civil rights protections? Has discrimination diminished or simply morphed into new forms? Who counts as a minority and on what grounds? How has the massive immigration of the last four decades intersected civil rights reform? Should foreign nationals qualify for civil rights protections? If yes, how do more recent claims to diversify fit with older notions that civil rights legislation as a means of redressing past wrongs?

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Loury, Glenn C. "Discrimination in the Post-Civil Rights Era: Beyond Market Interactions". Journal of Economic Perspectives 12, n. 2 (1 maggio 1998): 117–26. http://dx.doi.org/10.1257/jep.12.2.117.

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This comment argues that discrimination against blacks remains important, especially in labor markets, but that its extent is modest both by historical standards and in relation to supply-side racial disparities. It contends that the racial skills gap is endogenous, reflecting the effects of historical and ongoing discrimination; and that the moral obligation to reduce disparities in skills between the races is no less than the obligation to fight market discrimination. Finally, it suggests that imperfect information may be a more pervasive and intractable cause of racial discrimination today than is behavior based on agents' purported distaste for associating with blacks.

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Skrentny, John D. "ARE AMERICA'S CIVIL RIGHTS LAWS STILL RELEVANT?" Du Bois Review: Social Science Research on Race 4, n. 1 (2007): 119–40. http://dx.doi.org/10.1017/s1742058x07070075.

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AbstractThe federal government created America's historic 1964 Civil Rights Act during a period of low immigration. The primary goal was to create equal opportunities for African Americans by ending Jim Crow discrimination in the South. Focusing on the issue of employment discrimination, and specifically employer preferences for immigrants, this article shows how the current period of high immigration from Latin America and Asia has created new challenges and dilemmas for Title VII, the employment discrimination title of the Civil Rights Act. Specifically, sociological evidence indicates that U.S. businesses are engaging in race-conscious employment focused on the perceived value of racial skills (special abilities of certain racial groups at particular jobs) and racial symbolism (organizational benefits from displaying certain races on the work force). Businesses hire Asians and Latinos, and especially immigrant Asians and Latinos, because of the perceived racial skills of these groups at low-status jobs that require strong work ethics and obedient attitudes. Corporate employers seeking skilled workers do not necessarily prefer immigrants. Instead, they seek minorities for the symbolic value of their diversity, for their general racial skills at bringing new ideas to the workplace, and for their racial marketing skills for growing non-White markets. I assess these developments from a legal perspective, showing that a combination of a lack of litigation and some key court decisions have prevented Title VII from regulating racial skills and racial symbolism and/or from offering protection for immigrants themselves.

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Berat, David. "Roma Rights and Discrimination Based on Ethnicity in Sweden (Göteborg, Vänersborg, Stockholm and Trollhätan)". SEEU Review 13, n. 1 (1 dicembre 2018): 15–29. http://dx.doi.org/10.2478/seeur-2018-0003.

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Abstract This article is about the rights of the Roma in Sweden and the level of discrimination that Roma are facing. The aims and objectives of the article is theoretical and practical understanding of the situation of the Roma and their human rights through our research and analysis of reports from international organizations, civil society organizations, deep interviews and data from the collected 57 questionnaires. The data is collected during the two study visits in November 2016 and February 2017. The article sumarises the actual situation of the Roma in Sweden and shows new data I have collected while visiting Göteborg, Stockholm, Vänersborg and Trollhättan. I did 4 deep interviews with representatives from Civil Right Defenders, Kronan School and members from UNHCR Sweden. The interviews were composed out of 22 questions about the current condition of Roma in Sweden, implemented projects for improving the Roma human rights, discrimination, police harasment, Roma register, legal remedies against discrimination, financial benefits if persuing education, non-governmental organization working for and with Roma, equitable representation of Roma in the state bodies, affirmative actions (positive discrimination), Romani political parties, allocated funds for projects improving the Romani situation, system of minority right protection, equality of Roma among the Swedish citizens. The questionnaire about discrimination is composed out of 15 questions about the forms of discrimination, feeling or witnesing discrimination, discrimination in delivering services, discrimination in employment, and reporting discrimination.

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Singer, Joseph William. "Public Rights". Law and History Review 38, n. 3 (agosto 2020): 621–29. http://dx.doi.org/10.1017/s0738248020000036.

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Scott focuses on the conflicts in the state of Louisiana over a provision in the post-Civil War Louisiana Constitution of 1868 that guaranteed “public rights” to all regardless of race. While we still live with shockingly high levels of racial discrimination in public accommodations, front and center today are claims that the Constitution's guarantee of religious liberty requires exemptions from state laws that prohibit discrimination on the basis of sexual orientation or gender identity. To understand the historical context within which we confront this issue today, it will help to understand how public accommodations law has changed over time through the course of United States history.

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Sutton, Halley. "Office of Civil Rights received record‐breaking number of discrimination complaints". Disability Compliance for Higher Education 29, n. 2 (24 agosto 2023): 9. http://dx.doi.org/10.1002/dhe.31578.

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The U.S. Department of Education's Office of Civil Rights received a record‐breaking number of discrimination complaints filed between Oct. 1, 2021 and Sept. 30, 2022. During that time period, almost 19,000 discrimination complaints were filed. The previous record for discrimination complaints filed was 16,000 in 2016.

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Roberts, Simon, e Maija Sakslin. "Some are more equal than others: the impact of discrimination in social security on the right of same-sex partners to free movement in the European Union". Benefits: A Journal of Poverty and Social Justice 17, n. 3 (ottobre 2009): 249–61. http://dx.doi.org/10.51952/rwkw9327.

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Although non-discrimination and the free movement of persons are fundamental principles of the European Union (EU), discrimination against same-sex partners in many EU member countries presents serious barriers to free movement. In many member countries, lesbian, gay, bisexual and transsexual (LGBT) people experience discrimination in all aspects of their lives, including civil status and social security. The interface of a plethora of civil statuses and benefit entitlement conditions means that same-sex partners exercising their right of free movement under the Treaty of Rome may find their status and entitlements changing as they move between different ‘rights regimes’, to the detriment of their social security coverage. The proposed new EU Directive on equal treatment may not prevent this discrimination although, if the Lisbon Treaty is ratified, the Charter of Fundamental Rights may provide a route and an opportunity to do so.

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Sugawara, Emi. "Progress and challenges in corporate initiatives towards human rights in Japan". Open Access Government 42, n. 1 (15 aprile 2024): 256–57. http://dx.doi.org/10.56367/oag-042-10704.

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Progress and challenges in corporate initiatives towards human rights in Japan Emi Sugawara, Professor at Osaka University of Economics and Law, Faculty of International Studies, continues to examine business and human rights in Japan, charting the progress and challenges in corporate initiatives. Throughout this series, “Business and Human Rights in Japan”, I examine movements regarding business and human rights in Japan, including civil society and Japanese Government initiatives. In this final instalment, we assess the current state of initiatives among Japanese corporations. A distinctive feature of efforts to respect human rights within Japanese companies is that corporate groups have led them. While Japanese corporations have grappled with various human rights issues such as environmental pollution, Buraku discrimination (a term the government refers to as “Dowa” issues) significantly influenced corporate practices in response to right-holder concerns. (1) Buraku discrimination is a form of discrimination based on “decent”, as defined in the International Convention on the Elimination of All Forms of Racial Discrimination. (2)

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Khoshneviss, Hadi. "Multiracials and civil rights: mixed-race stories of discrimination". Ethnic and Racial Studies 43, n. 13 (27 gennaio 2020): 2478–79. http://dx.doi.org/10.1080/01419870.2020.1715456.

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Coulibaly, Zakaria. "HUMAN RIGHTS ISSUES IN TRADITIONAL AFRICA VERSUS BLACKS’ CIVIL RIGHTS IN CONTEMPORARY AMERICA: A READING OF THE STORY OF OLAUDAH EQUIANO". Kurukan Fuga 2, n. 8 (31 dicembre 2023): 118–25. http://dx.doi.org/10.62197/qnar4532.

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This article aims at presenting and demonstrating through Equiano's story how the Traditional Africans of pre-colonial Africa perceived and dealt with the issue of human rights on the one hand; and on the other hand, it examines how the question of the rights of Black Americans are perceived and treated in American society today. In doing so, the study has used the theory of post-colonialism and comparative literature to analyze and interpret the two situations. As expected results, study has demonstrated that traditional Africans had established some social norms and rules which protected and guaranteed the basic rights of the populations without discrimination. However, it has been able to show that in the United States of today, portrayed as one of the most democratic nations and defenders of human rights, the basic rights of black Americans are still not guaranteed. They continue to experience multifaceted discrimination every day.

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Waters, Rosanne. "African Canadian Anti-Discrimination Activism and the Transnational Civil Rights Movement, 1945–1965". Journal of the Canadian Historical Association 24, n. 2 (15 maggio 2014): 386–424. http://dx.doi.org/10.7202/1025083ar.

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Several recent historical works have challenged interpretations of the civil rights movement in the United States as a strictly domestic story by considering its connections to anti-racist struggles around the world. Adding a Canadian dimension to this approach, this article considers linkages between African Canadian anti-discrimination activism in the 1950s and early 1960s and African American civil rights organizing. It argues that Canadian anti-discrimination activists were interested in and influenced by the American movement. They followed American civil rights campaigns, adapted relevant ideas, and leveraged the prominent American example when pressing for change in their own country. African Canadian activists and organizations also impacted the American movement through financial and moral support. This article contributes to the study of African Canadian history, Canadian human rights history, and the American civil rights movement by emphasizing the local origins of anti-discrimination activism in Canada, while also arguing that such efforts are best understood when contextualized within a broader period of intensive global anti-racist activism that transcended national borders.

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Katerynchuk, Kateryna, e Oleksandr Kolomoiets. "Equality and non-discrimination: some issues of implementation". Slovo of the National School of Judges of Ukraine, n. 3(44) (21 dicembre 2023): 53–63. http://dx.doi.org/10.37566/2707-6849-2023-3(44)-5.

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The path of Ukraine as a legal democratic state to the European space determines such primary activity directions and fundamental values as human rights and freedoms. That is why their consolidation is carried out at the legislative level, including the provisions of international treaties in this area. Nowadays in Ukraine, human rights are legally defined, including, in particular, the right for an equality and protection from discrimination. Therefore, issues of equal treatment guarantee (constitutional equality principle), irrespective of nationality, race, gender identity, ethnic origin, religion, physical disabilities, age, etc., are remain up-to-date. However, non-discrimination principle is still not enshrined in the Constitution of Ukraine, as well as efficient mechanism that would enable implementation of this principle. So, currently, principles of an equality and non-discrimination are remain quite disputable among scientific community. Firstly, it concerns terminological apparatus. In theory alongside with the term «equality» use the term «equity», they are either interchange or being used as part and whole – «equity» includes both equality and non-discrimination principles. Secondly, the current legislation is inconsistent in terms of the regulation of general provisions on equality and non-discrimination. However, on Ukraine`s way to European integration, it is important to take into account the provisions of world standards on the protection of human and civil rights and freedoms, in particular the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which is prerequisite for the harmonious development of Ukraine as a European state. Key words: law, rights and freedoms, constitutional principle, equality, equality, equality, non-discrimination, person, citizen.

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Kim, Robert. "Under the Law: Civil rights enforcement in education: The federal role". Phi Delta Kappan 102, n. 3 (26 ottobre 2020): 64–65. http://dx.doi.org/10.1177/0031721720970707.

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Robert Kim provides an overview of the work of the Department of Education’s Office of Civil Rights (OCR), which is responsible for enforcing civil rights laws prohibiting discrimination. They achieve this in three ways: (1) The Civil Rights Data Collection, a database containing information on school climate, teacher and staff capacity, and other measures; (2) civil rights policy guidance, which informs schools about the rules and regulations they must follow; and (3) investigations of civil rights violations in public schools.

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Fowler, Mark, e Alex Deagon. "Recognising Religious Groups as Litigants: An International Law Perspective". Laws 13, n. 2 (18 marzo 2024): 16. http://dx.doi.org/10.3390/laws13020016.

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The Australian Human Rights Commission has claimed that recognising religious corporations as litigants in religious discrimination claims departs from international human rights law, which only protects the rights of natural legal persons. In this article we respond to that claim by arguing that under international law, Australia should protect the ability of religious groups to be litigants, including corporations. The International Covenant on Civil and Political Rights requires Australia to respect and ensure individuals have the right to manifest their beliefs in community with others, and that such communities are protected against discrimination on religious grounds. This requirement entails granting religious groups the ability to pursue legal measures to preserve the enjoyment of these rights by their members.

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Schmidt, Christopher W. "Rights, Dignity, and Public Accommodations". Law and History Review 38, n. 3 (agosto 2020): 599–619. http://dx.doi.org/10.1017/s0738248020000243.

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In this essay I consider why debates over applying anti-discrimination norms to public accommodations have long been, and remain today, such a resilient presence in the history of the United States. I use as my starting point the most famous iteration of this phenomenon, the national debate sparked by the 1960 sit-in movement and culminating in the passage of the Civil Rights Act of 1964, which banned racial discrimination in public accommodations across the nation. The battle over racial discrimination and public accommodations in the early 1960s illuminates the moral issue at the heart of the issue, the lines of argument that characterize the debate over how to define legal rights in this area, and the ways in which different legal institutions have resolved, or failed to resolve, the issue. I then move backward time, highlighting the continuities between this episode and the struggle over race and public accommodations during Reconstruction. The history of the civil rights era provides a useful framework to analyze the terms of debate from a century earlier, and it provides particular insights into the significance of the concept of public rights that Rebecca Scott has so effectively brought to our attention.

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Shaiza, Layina, e Nur Shivana. "Restrictions and Prohibition of the Use of Hijab on Company Employees: A Human Rights Analysis". Contemporary Issues on Interfaith Law and Society 1, n. 2 (31 luglio 2022): 157–82. http://dx.doi.org/10.15294/ciils.v1i2.58144.

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Discourse regarding the prohibition of the use of headscarves in companies has become dillematic issues in human rights. This study aims to analyze the prohibition of the use of headscarves in companies in the context of human rights by analyzing and comparing some laws and regulations. This study found and confirmed that although the views on human rights in each country are different, there is one basic right that all human beings must have, namely natural rights that all human beings have. One of these natural rights is the right to freedom of religion. In the 1945 Constitution the right to freedom of religion is regulated in Article 28E paragraph (1), Article 28E paragraph (2), and Article 29 paragraph (2) of the 1945 Constitution. Even in labor relations in Indonesia, Law No. 13 of 2003 concerning Manpower confirms with regard to discrimination against veiling while working, that every worker/laborer has the right to receive equal treatment without discrimination from employers. In addition, several regulations issued by the United Nations which regulate freedom of religion for all mankind include the Charter of the Declaration of Human Rights, the 1948 Declaration of Human Rights, the ICCPR (International Covenant on Civil and Political Rights), and CEDAW (Convention on Elimination of All Forms of Discrimination Against Women).

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Decker, Janet R., Allison Fetter-Harrott e Jennifer Rippner. "Beyond Speech: Students’ Civil Rights in Schools". Laws 10, n. 4 (29 ottobre 2021): 80. http://dx.doi.org/10.3390/laws10040080.

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Educators, including school leaders, must be able to handle legal dilemmas involving student speech, but these do not occur in a vacuum. Often, speech issues are commingled with other legal challenges. This article explores student rights beyond free speech that are guaranteed at PK-12 U.S. public schools. We clarify when educators must attend to students’ unique needs, especially when courts have identified that certain students are members of protected classes. This article explains the overarching constitutional framework in which the U.S. Supreme Court has applied the 14th Amendment’s Equal Protection Clause to protect the rights of students to be free from invidious discrimination. We describe how modern U.S. courts apply levels of review, including strict scrutiny, intermediate scrutiny, and rational basis review to equal protection cases. We then synthesize federal statutory law and case law that protect students. Specifically, we discuss how Title VI of the Civil Rights Act of 1964 (Title VI 1964) prohibits discrimination based on race, color, ethnicity, national origin, language proficiency, and religion. Next, we delve into the recent changes relevant to the application of Title IX of the Education Amendments of 1972 (Title IX 1972) to students based on sex, sexual orientation, and gender identity. Our final focus covers students with disabilities, including medical conditions, who are protected by the Individuals with Disabilities Education Act (IDEA 1990) and Section 504 of the Rehabilitation Act (Section 504 1973).

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Bullock, Charles S., Eric M. Wilk e Charles M. Lamb. "Bureaucratic Effectiveness and Civil Rights Enforcement". State and Local Government Review 49, n. 2 (giugno 2017): 87–104. http://dx.doi.org/10.1177/0160323x17730107.

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This article compares federal, state, and local civil rights agencies’ effectiveness in enforcing the Fair Housing Act. Two factors primarily define effective enforcement: whether agencies’ conciliation efforts are more likely to lead to agreements between the parties involved in complaints and whether agencies are more likely to provide remedies to complainants in cases in which there is cause to believe discrimination occurred. The analysis shows that state and local agencies are generally more effective than the U.S. Department of Housing and Urban Development (HUD) both at conciliating complaints and at providing remedies. HUD does appear to be more effective than state and local agencies in terms of the dollar amount of monetary relief awarded when successful conciliations occur, but HUD’s remedial effectiveness disappears after controlling for the likelihood of successful conciliations.

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Albiston, Catherine R. "Structure, Agency, and Working Law". Law & Social Inquiry 44, n. 04 (11 ottobre 2019): 1221–30. http://dx.doi.org/10.1017/lsi.2019.52.

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Working Law: Courts, Corporations, and Symbolic Civil Rights (2016), by Lauren Edelman, presents an integrated theory of endogeneity that explains how organizational responses to civil rights laws undermine civil rights protections, preserve managerial prerogatives, and redefine judicial interpretations of compliance. Structural dynamics baked into organizations and driven by legitimacy and meaning produce organizational practices that appear to prohibit discrimination but do little to change discrimination on the ground. Working Law raises important questions for future research: Under what conditions might symbolic structures be effective? How does power affect the institutionalization of some symbols of compliance but not others? Can legal reforms limit the effects of endogeneity?

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Silvers, Anita, e Leslie Francis. "Human Rights, Civil Rights: Prescribing Disability Discrimination Prevention in Packaging Essential Health Benefits". Journal of Law, Medicine & Ethics 41, n. 4 (2013): 781–91. http://dx.doi.org/10.1111/jlme.12089.

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Health care insurance schemes, whether private or public, are notoriously unaccommodating to individuals with disabilities. While most nonelderly nondisabled persons in the U.S. are insured through private sources, coverage sources for nonelderly persons with disabilities have traditionally been a mix of private and public coverage. For all age groups, the employment-to-population ratio is much lower for persons with a disability than for those with no disability. Moreover, employed persons with a disability were more likely to be self-employed than those with no disability. As a group, therefore, nonelderly people with disabilities have not been as well positioned as others to obtain private health care insurance because in the U.S., acquiring such coverage usually is employer based.

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Kershner, Seth. "Book Review: Encyclopedia of American Civil Rights and Liberties: Revised and Expanded Edition, 2nd ed." Reference & User Services Quarterly 58, n. 1 (10 ottobre 2018): 61. http://dx.doi.org/10.5860/rusq.58.1.6849.

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Occupy Wall Street. Black Lives Matter. The #MeToo movement. Over the past decade, the United States has seen a surge in activism around civil rights, broadly defined as the right to be free from discrimination and unequal treatment in arenas such as housing, the workplace, and the criminal justice system. At times, as when activists are arrested at a protest, calls for civil rights can also be the occasion for violations of civil liberties—certain basic freedoms (e.g., freedom of speech) that are either enshrined in the Constitution or established through legal rulings. While civil rights are distinct from civil liberties, students often struggle to articulate these differences and appreciate the links between the two concepts. Complicating this distinction is the fact that historically reference materials have tended to cover either one or the other but not the two in combination. Combining these two concepts in one work is what makes a revised edition of the Encyclopedia of American Civil Rights and Liberties so timely and valuable.

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Mayer, Michael S. "Enforcing Civil Rights: Race Discrimination and the Department of Justice". History: Reviews of New Books 26, n. 2 (gennaio 1998): 61. http://dx.doi.org/10.1080/03612759.1998.10527967.

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Workman, Andrew A., Brian K. Landsberg e Raymond Wolters. "Enforcing Civil Rights: Race Discrimination and the Department of Justice". American Journal of Legal History 42, n. 2 (aprile 1998): 212. http://dx.doi.org/10.2307/846229.

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Bagenstos, Samuel R. ""Rational Discrimination," Accommodation, and the Politics of (Disability) Civil Rights". Virginia Law Review 89, n. 5 (settembre 2003): 825. http://dx.doi.org/10.2307/3202421.

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Sherry, J. "Sex-based price discrimination: Does it violate civil-rights laws?" Cornell Hotel and Restaurant Administration Quarterly 35, n. 2 (aprile 1994): 16–17. http://dx.doi.org/10.1016/0010-8804(94)90013-2.

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Lyerly, Eric. "OCR issues new guidance on Section 504 protections for sickle cell". Disability Compliance for Higher Education 30, n. 1 (17 luglio 2024): 3–7. http://dx.doi.org/10.1002/dhe.31787.

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In June 2024, the Department of Education's Office for Civil Rights issued new resources for preventing discrimination against students with disabilities at postsecondary institutions and other schools. The resources address the civil rights of students with sickle cell disease, epilepsy, and cancer.

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Nuhiu, Dr Sc Agim. "Features of the Civil Law Procedure for Protection against Discrimination". ILIRIA International Review 4, n. 2 (8 febbraio 2016): 183. http://dx.doi.org/10.21113/iir.v4i2.39.

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The prevention and protection against discrimination shall be applicable for all natural and legal persons in the process of exercise of the rights and freedoms guaranteed with the Constitution and the legislation of the Republic of Macedonia.The person considering that some right has been infringed because of discrimination is entitled to submit a lawsuit in front of a competent court. The provisions from the Law on litigation procedure are adequately applied for the procedure. A civil action is commenced with the filing of a complaint. The plaintiff must file the complaint with the court. The complaint must set forth the claims and the legal basis for discrimination.In the procedure for protection against discrimination, besides the court for general local jurisdiction, the court in whose area is the seat, or the residence of the plaintiff, also has local jurisdiction.

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Garofalo, Megan Resener. "Battling Environmental Racism in Cancer Alley: A Legislative Approach". Journal of Law, Medicine & Ethics 52, n. 1 (2024): 196–204. http://dx.doi.org/10.1017/jme.2024.64.

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AbstractThis Paper argues that to protect at-risk communities — and all Americans — from the deadly effects of environmental racism, Congress must pass the Environmental Justice for All Act. The Act is intended to “restore, reaffirm, and reconcile environmental justice and civil rights.” It does so by restoring an individual’s right to sue in federal court for discrimination based on race, ethnicity, or national origin regardless of intent under the Civil Rights Act of 1964, strengthening the National Environmental Policy Act, and providing economic incentives focused on environmental justice.

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Almond, Brenda. "AIDS and International Ethics". Ethics & International Affairs 2 (marzo 1988): 139–54. http://dx.doi.org/10.1111/j.1747-7093.1988.tb00532.x.

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The pervasiveness and magnitude of AIDS require that it be addressed on an international, global scale. However, the issues of testing for the virus, and controlling its propagation raise questions of civil rights. Brenda Almond examines different countries' policies and ways of attempting to deal with AIDS, focusing on their positions in regard to rights. Almond makes the case that while discrimination should be avoided and fought, that recognition of the primary right, that of life, demands that public health and civil rights be considered in a less oppositional way. Ultimately, however, the possibility of defeating AIDS lies not in law and regulation but in moral education.

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Canady, Valerie A. "HHS final rule promotes community integration, civil rights protections". Mental Health Weekly 34, n. 20 (17 maggio 2024): 1–3. http://dx.doi.org/10.1002/mhw.34049.

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More than 50 years after the implementation of Section 504 of the Rehabilitation Act of 1973 — a federal law prohibiting disability discrimination in programs and activities that receive federal financial assistance — the U.S. Department of Health & Human Services (HHS) earlier this month issued a final rule to clarify several crucial areas not explicity addressed in the current rule.

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Kaplowitz, Craig A. "A Distinct Minority: LULAC, Mexican American Identity, and Presidential Policymaking, 1965–1972". Journal of Policy History 15, n. 2 (aprile 2003): 192–222. http://dx.doi.org/10.1353/jph.2003.0012.

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During the presidencies of Lyndon Johnson and Richard Nixon, Mexican American civil rights went from being an addendum to civil rights for African Americans to a stand-alone policy with a bureaucracy, federal programs, and an independent rationale. Ever since President Harry Truman accepted civil rights in the Democratic platform in 1948, federal policymakers and politicians tried to fit Mexican Americans, and other minority groups, into the civil rights mold they had carved out for blacks in the South. While subject to severe discrimination and disadvantage, Mexican Americans did not face the consistent statutory segregation and discrimination faced by blacks. Federal civil rights policy for Mexican Americans through the mid-1960s consisted of New Frontier and Great Society funding programs to which Mexican American organizations could apply for money to develop and carry out projects in their communities. By the end of Richard Nixon's first term, a federal bilingual education program was established, agencies and committees existed whose sole function was to coordinate Mexican American programs, and Mexican Americans were recognized by policymakers as a distinct minority group with unique needs that required particular federal remedies.

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Protopapa, Venera. "From Legal Mobilization to Effective Migrants’ Rights: The Italian Case". European Public Law 26, Issue 2 (1 giugno 2020): 477–507. http://dx.doi.org/10.54648/euro2020052.

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The article analyses the process of legal mobilization for migrants’ rights and investigates how and with what effects, measured in terms of obtaining general policy response and ensuring implementation, legal actors and in particular civil society organizations have mobilized EU, international and domestic legislation on discrimination to promote migrants’ rights in Italy. It focuses in particular on two issues: access to employment in the public sector and access to welfare. Both issues have generated significant levels of litigation in domestic courts, with increasing involvement of civil society organizations. In relation to both, national legislation has been amended, in accordance with EU law, allowing access to employment in the public sector and extending the area of those that have the right to access to social welfare under equal conditions to categories of migrants protected under EU law. The article outlines the EU, International and domestic legislation on non-discrimination and equality for migrants, provides an overview of how litigation has been used to challenge in court the exclusion of migrants from employment in the public sector and welfare, tracks the process that brought to the reform and litigation in the aftermath highlighting the effects of litigation as a means for policy response and implementation. Discrimination, multilevel protection, migrants, welfare, employment, legal mobilization, policy response, implementation, civil society, courts.

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Carrara, Sergio. "Discrimination, policies, and sexual rights in Brazil". Cadernos de Saúde Pública 28, n. 1 (gennaio 2012): 184–89. http://dx.doi.org/10.1590/s0102-311x2012000100020.

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This article focuses on a politics arena that has been articulated through the impact of ideals of sexual rights on Brazilian sexual politics, namely the affirmation of "LGBT rights". These rights have been constructed both through attempts to extend civil and social rights to the LGBT population that were previously restricted to heterosexuals, and by the enactment of provisions directly banning homophobic discrimination and violence. The focus will be on some of the principal social actors in this process, especially those situated in the three branches of government, since the most decisive clashes are now being waged at this level. Without intending to offer an exhaustive description of what has occurred in the Brazilian courts, Congress, and Administration, we point to the complexity of a situation which shows numerous innovations and breaks in its different dimensions, while simultaneously revealing contradictions, gaps, and ambiguities.

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Lindsey, Alex, Eden King, Tracy McCausland, Kristen Jones e Eric Dunleavy. "What We Know and Don't: Eradicating Employment Discrimination 50 Years After the Civil Rights Act". Industrial and Organizational Psychology 6, n. 4 (dicembre 2013): 391–413. http://dx.doi.org/10.1111/iops.12075.

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Although nearly 50 years have passed since the Civil Rights Act, employment discrimination persists. Thus, this focal article raises and addresses critical issues regarding a yet unanswered question: how can organizational researchers and practitioners contribute to the ultimate goal of eradicating employment discrimination? This article will push previous work a step forward by considering discrimination reduction tactics spanning the attraction, selection, inclusion, and retention phases of the employment cycle. Additionally, we expand our discussion of strategies to reduce discrimination beyond classically studied racial, ethnic, and gender differences. Our synthesis of this literature will inform organizational psychologists on how to address discrimination, but will also highlight the lack of evidence regarding important aspects of these strategies.

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Majka-Rostek, Dorota. "Prawa mniejszości seksualnych w Polsce". Forum Socjologiczne 8 (24 aprile 2018): 179–90. http://dx.doi.org/10.19195/2083-7763.8.11.

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Sexual minorities’ rights in PolandThe article covers actions of Polish LGBT movement and the situation of non-heterosexual people in Polish society. These issues are put in a context of problematics of civil rights, part of which sexual rights are. The introduction to the article serves as a short presentation of the concept of sexual citizenship. Afterwards, the history of LGBT activists’ organisational work in Poland is outlined, here presented as a fight for three fundamental rights: right to form registered partnerships, right to thorough education and right to protection against discrimination and hate speech. For over 25 years those demands remain intact, since none of these rights has been guaranteed to sexual minorities yet.

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Pollock, Mica. "Keeping on Keeping On: OCR and Complaints of Racial Discrimination 50 Years after Brown". Teachers College Record: The Voice of Scholarship in Education 107, n. 9 (settembre 2005): 2106–40. http://dx.doi.org/10.1177/016146810810700908.

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This article, written by a former civil rights investigator in the U.S. Department of Education's Office for Civil Rights (OCR), contends that ordinary Americans advocating for equal educational opportunity for students of color might enlist OCR more actively and knowingly to help secure racial equality of opportunity 50 years after Brown. Now a scholar of racial inequality in education, the author shows that OCR's original purpose of rooting out racial discrimination in federally funded educational programs has been both hampered by hostile administrations and eclipsed by nonrace casework in the years since OCR's inception. The author argues that to successfully enlist OCR's civil rights tools today, complainants must arrive at OCR with as much concrete evidence of racial harm as possible and be ready to navigate some core disputes over defining and investigating racial discrimination in the current era.

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Fuquay, Michael W. "Civil Rights and the Private School Movement in Mississippi, 1964–1971". History of Education Quarterly 42, n. 2 (2002): 159–80. http://dx.doi.org/10.1111/j.1748-5959.2002.tb00105.x.

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The signing of the Civil Rights Act of 1964 was heralded as a tremendous victory for the civil rights movement, the fulfillment of a decade-long struggle to enforce the Brown v. Board of Education decision. Along with measures against job and housing discrimination, the Civil Rights Act included provisions specifically designed to overcome the white South's massive resistance campaign and enforce school desegregation. Despite the continued intransigence of segregationists, these measures proved successful and white public schools across the South opened their doors to black children. With segregationists in retreat and the Voting Rights Act on the horizon, this was a time of celebration for civil rights activists. But this was not the end of the story.

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Greenlaw, Paul S., e John P. Kohl. "Employer “Business” and “Job” Defenses in Civil Rights Actions". Public Personnel Management 23, n. 4 (dicembre 1994): 573–86. http://dx.doi.org/10.1177/009102609402300404.

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In civil rights actions, employee-plaintiffs alleging discrimination must attempt to prove a prima facie case;1 and if accomplished the employer-defendant must attempt to rebut such cases with some type of defense. These defenses may be very narrow and specific in scope such as the seniority or merit system defenses explicitly provided for under the 1963 Equal Pay Act (EPA). On the other hand, broader “business” and or “job” defenses (and the wording and meaning varies from situation to situation) have been both devised by the courts as standards of behavior for employers, and stipulated for employers by legislation. This article will analyze four important of these employer defenses: (1) the legitimate business reason and its antecedents in EPA litigation; (2) the Bona Fide Occupational Qualification (BFOQ) “reasonably necessary” defense provided in both the Civil Rights Act of 1964 and in the Age Discrimination in Employment Act of 1967; (3) the business necessity and job related standards promulgated in Griggs v. Duke Power, 401 U.S. 424 (1971), as eventually codified by the Civil Rights Act of 1991; and (4) the job relatedness/business necessity/reasonable accommodation defense of the Americans with Disabilities Act of 1990 (ADA). All of the above defenses pose current challenges to employers except probably the BFOQ, so that their examination should be of value to all those involved in employee relations law.

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Choirunnisa, Sutiani. "Legal Protection Against Women Victims of Sexual Harassment Through Social Media (Cyberporn)". Indonesian Journal of International Clinical Legal Education 3, n. 3 (30 settembre 2021): 367–80. http://dx.doi.org/10.15294/ijicle.v3i3.48266.

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guarantee of protection and discrimination against women in Indonesia as contained in various international regulations including the Universal Declaration of Human Rights in 1948, then the International Covenant on Civil Rights. and Political Rights 1966, International Covenant on Economic, Social & Cultural Rights 1966, Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW, Convention on the Elimination of All Forms of Discrimination against Women) in 1979, the Vienna Declaration (1986), the Declaration on the Elimination of Violence Against Women in 1994, and the most monumental is the Beijing Declaration and Platform for Action (1995). The purpose of this study is to analyze the legal protection for women victims of sexual harassment through social media (cyberpron).

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Kirkland, Anna, e Mikell Hyman. "Civil rights as patient experience: How healthcare organizations handle discrimination complaints". Law & Society Review 55, n. 2 (27 maggio 2021): 273–95. http://dx.doi.org/10.1111/lasr.12554.

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Schrader, George E. "A Trip Through Time with Civil Rights, Discrimination, and Sexual Harassment". Journal of Contemporary Criminal Justice 8, n. 3 (agosto 1992): 217–26. http://dx.doi.org/10.1177/104398629200800304.

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Sutton, Halley. "Office of Civil Rights received record‐breaking number of discrimination complaints". Dean and Provost 24, n. 11 (18 giugno 2023): 8. http://dx.doi.org/10.1002/dap.31221.

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Sutton, Halley. "Office of Civil Rights received record‐breaking number of discrimination complaints". Campus Security Report 19, n. 12 (12 marzo 2023): 8. http://dx.doi.org/10.1002/casr.31084.

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Narasaki, Karen, e June Han. "Asian American Civil Rights Advocacy and Research Agenda After 9/11". AAPI Nexus Journal: Policy, Practice, and Community 2, n. 1 (2004): 1–17. http://dx.doi.org/10.36650/nexus2.1_1-17_narasakietal.

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This article discusses the anti-immigrant sentiment after 9/11 and focuses on Asian American’s research agenda and advocacy plans to identify the problem and offer suggestions to mitigate it. The aftermath of 9/11 resulted in discrimination and violence against minorities, and therefore adversely affected their economic conditions and limited their opportunities. 9/11 also exposed the lack of adequate system of research and data regarding Asian Americans that would be necessary to influence the nation’s legislative institutions. The introduction of governmental policies to increase national security is explored as inefficient, biased and complicate existing major problems that immigrants face. 9/11 resulted in increased racial profiling, which highlights the government’s lack of policies protecting immigrant rights. 9/11 affected the immigrant issues of legalization, voting rights, employment discrimination, language barriers, legal services, and the effects of welfare reform.

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Lyerly, Eric. "Protect Jewish students from antisemitism, discrimination". Campus Legal Advisor 24, n. 3 (15 ottobre 2023): 1–6. http://dx.doi.org/10.1002/cala.41197.

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Earlier this year, the Office for Civil Rights published a fact sheet focused on how colleges and universities can protect students from discrimination related to “shared ancestry or ethnic considerations” (bit.ly/3iPfyZP). Campus Legal Advisor covered this fact sheet in‐depth in our March 2023 issue (bit.ly/48gwhdu).

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Kim, Robert. "Under The Law: The historic Bostock opinion and LGBTQ rights in schools". Phi Delta Kappan 102, n. 2 (22 settembre 2020): 64–65. http://dx.doi.org/10.1177/0031721720963238.

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In Bostock v. Clayton, the U.S. Supreme Court held that discrimination against employees because they are gao or transgender violates the Civil Rights Act of 1964. Robert Kim summarizes the case and explains what the ruling means for schools. LGBTQ educators have historically faced discrimination, but such actions are now prohibited in nearly all public, private, and charter schools. Religious schools, however, may be exempt, and the ruling does not address other issues of discrimination in schools, such restroom access.

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