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1
Onyemelukwe, Cheluchi. "Discrimination on the basis of HIV status." International Journal of Discrimination and the Law 17, no. 3 (August 21, 2017): 160–79. http://dx.doi.org/10.1177/1358229117727415.
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HIV/AIDS remains a significant public health challenge in Nigeria, with over three million persons living with the condition. Throughout the history of HIV/AIDS in Nigeria, persons living with the condition have faced stigma and discrimination in various areas including access to health services, access to education, access to employment, among others. In the past, because of lacunae in Nigerian law and jurisprudence, it has been the subject of debate whether Nigerians living with HIV/AIDS are adequately protected by law. Recent developments in legislation such as the federal HIV/AIDS Anti-Discrimination Act, 2014 and judicial decisions in 2012 and 2016 on discrimination on the basis of HIV status suggest a positive shift of the law to full protection of the rights of persons living with HIV/AIDS in Nigeria, particularly in the area of employment. This article provides an analysis of these recent developments in the law and argues that the time has come to amend the Constitution of the Federal Republic of Nigeria to include health status as a ground upon which one cannot be unduly discriminated against.
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Meenan, Helen. "Age Discrimination: Law-Making Possibilities Explored." International Journal of Discrimination and the Law 4, no. 3 (September 2000): 247–92. http://dx.doi.org/10.1177/135822910000400303.
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Is there a sound model for the United Kingdom (UK) to adopt should it decide to legislate against age discrimination in employment? In this article the writer attempts to answer this question first, by outlining existing UK sex and race discrimination laws and then progressing to an examination of long-standing American legislation and caselaw in this area. Finally, it explores the Irish Employment Equality Act, 1998, a composite and comprehensive act which prohibits discrimination in employment based on ‘age’ and eight other grounds. The strengths and weaknesses of each of these laws are examined in turn and measured against each other. The final analysis would suggest that each of these models can usefully inform any future law-making process to a greater or lesser degree and that good practice and legislation can co-exist in harmony. Moreover, the present lack of legislation in the UK against age discrimination in any area but especially employment, is remarkable when compared with British laws on sex and race discrimination and is ultimately unwise in the face of the real need for remedies and, the present and growing expansion in numbers of that portion of the population and the working population which British and European society call ‘old.’
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Lurie, Lilach. "Should Age Discrimination Be an Integral Part of Employment Discrimination Law?" Theoretical Inquiries in Law 21, no. 1 (February 26, 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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Donohue, John J. "Further Thoughts on Employment Discrimination Legislation: A Reply to Judge Posner." University of Pennsylvania Law Review 136, no. 2 (December 1987): 523. http://dx.doi.org/10.2307/3312067.
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Miller, Robert. "Legislating For Fair Employment: The Fair Employment (Northern Ireland) Bill, 1988." Journal of Social Policy 18, no. 2 (April 1989): 253–64. http://dx.doi.org/10.1017/s004727940001744x.
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ABSTRACTTwo decades ago allegations of religious discrimination and the onset of ‘the troubles’ led the British Government to institute a programme of administrative and legislative reform in the province. These reforms culminated in the Fair Employment Act (1976). More recently, the Government began a review of the efficacy of the existing legislation and this has now resulted in a new Fair Employment Bill for Northern Ireland. The new Bill should be seen as a serious attempt to grapple with the chronic problem of religious discrimination in the province. The realisation of equality of opportunity in Northern Ireland, however, continues to be as much a test of political will as of the ability of those who frame ‘fair employment’ legislation.
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Nothdurft, John, and Hilary Astor. "Laughing in the Dark—Anti— Discrimination Law and Physical Disability in New South Wales." Journal of Industrial Relations 28, no. 3 (September 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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Human, Linda. "Discrimination and Equality in the Workplace: Defining Affirmative Action and its Role and Limitations*." International Journal of Discrimination and the Law 2, no. 1-2 (December 1996): 23–37. http://dx.doi.org/10.1177/135822919600200203.
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The objective of this contribution is to present an overview of what legislation relating to employment equity might look like and how such legislation could be implemented in practice. Areas covered include an attempt to clarify the confusion between concepts such as affirmative action; employment equity and managing diversity; a definition of affirmative action; the kinds of legislative requirements arising from such a definition and the practical implementation thereof.
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Dewi W, Imma Indra. "ANTI-DISCRIMINATION IN EMPLOYMENT REGULATION FOR PERSONS WITH DISABILITIES IN INDONESIA." Yustisia Jurnal Hukum 8, no. 1 (April 28, 2019): 133. http://dx.doi.org/10.20961/yustisia.v0ixx.28016.
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<p>Anti-discrimination is known as equal opportunity and treatment which is the right of every citizen in each aspects of life. The principles of anti-discrimination must be included in every product of legislation, including the employment regulation for persons with disabilities in Indonesia. Anti-discrimination in employment regulation for persons with disabilities have been included in the Indonesian constitution. In addition, it has also been adopted in various articles on legislation,regulating about employment for persons with disabilities, namely Law Number 3 of 2013, Law Number 19 of 2011 and LawNumber 8 of 2016. In substance, the law that guarantees the rights of persons with disabilities in a number of laws and regulations in Indonesia is sufficient. However, the regulation in Law Number 13 of 2003 on The Labor Law is not yet clear. Adjustments need to be made on Law Number 13 of 2003, Law Number 19 of 2011, and Law Number 8 of 2016. The need for the many provisions of labor laws that have not been implemented, thus it requires affirmative action to realize equal opportunities in all aspects of life and livelihood for persons with disabilities.</p>
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Leigh, Ian. "Hatred, Sexual Orientation, Free Speech and Religious Liberty." Ecclesiastical Law Journal 10, no. 3 (August 12, 2008): 337–44. http://dx.doi.org/10.1017/s0956618x08001440.
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In recent years, the clash between supporters of religious liberty and sexual orientation equality legislation has led to repeated battles both in Parliament and the courts. First came the clashes over the scope of exemptions in employment discrimination legislation for religious groups. The UK Regulations dealing with employment discrimination on grounds of sexual orientation give a limited exception for ‘employment for purposes of an organised religion’, which allows an employer to apply a requirement related to sexual orientation to comply with the doctrines of the religion, or to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers. A legal challenge brought to the scope of this exception was unsuccessful but, despite that, the exemption has not averted damaging findings of discrimination against the Church of England. The Bishop of Hereford was held to have discriminated unlawfully in blocking the appointment of a practising homosexual to a youth-officer post within the Church of England. The partial success of religious groups in achieving exemption was followed by defeat in the equivalent regulations dealing with discrimination in goods and services, made under the Equality Act 2006, despite the claims of Catholic adoption agencies that they would rather close than place children with same-sex couples.
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McGlynn, Clare. "EC Legislation Prohibiting Age Discrimination: “Towards a Europe for All Ages”?" Cambridge Yearbook of European Legal Studies 3 (2000): 279–99. http://dx.doi.org/10.1017/s1528887000003815.
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In 2000 the European Community adopted the General Framework Directive aimed at combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation. This important measure followed closely on the heels of the Race Discrimination Directive adopted earlier in the year. The adoption of these measures was made possible after the Treaty of Amsterdam inserted a new Article 13 into the EC Treaty which empowered the Community to adopt measures to combat discrimination on the above grounds, as well as in the fields of sex, race and ethnicity. While Article 13 was greeted with much acclaim, doubts were expressed as to whether or not binding measures would be forthcoming. As it has turned out, such pessimism was unwarranted and the Community has now adopted measures aimed at eliminating discrimination on all the grounds specified in Article 13. The adoption of these directives is, therefore, a highly significant expansion of the Community’s competence and ensures the continued development of the Community beyond its original purely economic focus.
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Fourie, E. S. "Non-Standard Workers: The South African Context, International Law and Regulation by The European Union." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 4 (July 4, 2017): 109. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2787.
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The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, parttime work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.
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Obradovic, Goran. "The right to equal treatment in employment of persons with mental disorders." Temida 10, no. 3 (2007): 47–50. http://dx.doi.org/10.2298/tem0703047o.
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In labor law, the principle of non-discrimination of persons with mental disabilities is observed within the legislative framework of the prohibition of discrimination against persons with disabilities and persons with general health problems. In light of the most significant international documents and the national legislation in this area, this paper is aimed at elaborating on the prohibition of discrimination of persons with mental disorders in the field of employment law. At the end of the paper, the author provides some clarification on the legal solutions pertaining to the right to equal treatment regarding persons with mental disorders.
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Choi, Hoon. "Do anti-discrimination laws alleviate labour market duality?" International Journal of Manpower 41, no. 8 (May 11, 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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Stephenson, Jacqueline, and Natalie Persadie. "Anti-discrimination legislation in the Caribbean: is everyone protected?" Equality, Diversity and Inclusion: An International Journal 38, no. 7 (September 16, 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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Stryker, Robin. "Political Economy and Working Law." Law & Social Inquiry 44, no. 4 (October 11, 2019): 1231–40. http://dx.doi.org/10.1017/lsi.2019.53.
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ABSTRACTLauren B. Edelman’s Working Law: Courts, Corporations, and Symbolic Civil Rights (2016) offers an empirically supported theory of legal endogeneity, explaining how managerialized ideas of compliance with employment discrimination legislation diffuse in organizational fields and shape judicial doctrine. Managerialization and legal endogeneity explain how and why equality-promoting civil rights legislation may do little to reduce workplace inequalities. This essay places Edelman’s theory within a broader terrain of opportunities and limits of law for promoting egalitarian change. Managerialization is not always detrimental to enhancing workplace race and gender equality. However, typically reinforcing logics of market capitalism and liberal legality often make it so, while blocking reforms countering judicial deference to managerialized compliance.
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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, no. 4 (November 11, 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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Khamzina, Zhanna, Yermek Buribayev, Yerkin Yermukanov, and Aizhan Alshurazova. "Is it possible to achieve gender equality in Kazakhstan: Focus on employment and social protection." International Journal of Discrimination and the Law 20, no. 1 (March 2020): 5–20. http://dx.doi.org/10.1177/1358229120927904.
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International ratings confirm that Kazakhstan is a leader in Central Asia in addressing the causes of gender inequality; however, there are still significant gender differences in key areas. In particular, gender discrimination in the labor market is complex: when hiring or dismissing, while restricting access to certain professions and positions, in matters of promotion and career growth, when remuneration is paid for performing the same work, not related to differences in labor efficiency. Discrimination is especially sensitive in relation to pregnant women and women with young children. Discrimination continues with access to social measures for avoiding poverty and in the pension system. Further progress requires more strategically significant and focused actions to identify and bridge the remaining factors of systemic discrimination and gender gaps. In the article, we show the insufficient attention of the legal science of Kazakhstan to the problems of regulation of equality. We present the author’s methodology for analyzing labor and social legislation from the perspective of regulating gender equality, consisting of several assessments: Kazakhstan’s fulfillment of international obligations; implementation of the principle of nondiscrimination in labor and social legislation; administrative and judicial mechanisms to protect against discrimination based on sex; and opportunities for implementing best foreign and international practices for the regulation of equality.
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Hatzis, Nicholas. "The Church–Clergy Relationship and Anti-discrimination Law." Ecclesiastical Law Journal 15, no. 2 (April 10, 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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Burbyka, Mykhailo, Alyona Klochko, Mykola Logvinenko, and Kateryna Gorbachova. "Separate aspects of legal regulation of women’s labour rights." International Journal of Law and Management 59, no. 2 (March 13, 2017): 271–83. http://dx.doi.org/10.1108/ijlma-02-2016-0021.
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Purpose This paper aims to cover the problems arising in the process of women employment. The purpose is to investigate problems arising in the process of women employment, to analyse the existence of discriminatory aspects with regard to certain categories of workers, and to give recommendations for overcoming discrimination against women in the labour market. Design/methodology/approach The research was based on formal–logical and general scientific cognitive methods (analysis and synthesis, abstraction and concretization and deduction and induction). Systems and functional methods were used. The methods of concrete-sociological researches were used to gather, analyse and process legal information. The comparative-legal methods determined the actual realization of gender equality principles in different countries. Findings The Ukrainian labour legislation is imperfect and should be reformed, so as to not only declare but also protect women’s rights, in accordance with the current realities and fluctuations in the labour market. Practical implications The research helps overcome gender and age discrimination in Ukraine’s labour market, especially the relations that emerge at the employment stage. Discrimination against women at this stage is one of the most common forms of gender inequality. Originality/value Certain gaps in the labour legislation were found. The level of conformity of the current labour-relations-regulating legislation with the policy of equal rights and opportunities for women and men was determined. Recommendations, aimed at changing legal regulations to prevent gender discrimination, were developed, with a view to solving existing gender-related problems in the field of labour.
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Brinn, Hope. "Improving Employer Accountability in a World of Private Dispute Resolution." Michigan Law Review, no. 118.2 (2019): 285–314. http://dx.doi.org/10.36644/mlr.118.2.improving.
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Private litigation is the primary enforcement mechanism for employment discrimination laws like Title VII, the Americans with Disabilities Act, and many related state statutes. But the expansion of extrajudicial dispute resolution—including both arbitration and prelitigation settlement agreements—has compromised this means of enforcement. This Note argues that state-enacted qui tam laws can revitalize the enforcement capacity of private litigation and provides a roadmap for enacting such legislation.
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Siegel, Scott N. "Rainbows and crosses: Noncompliance with EU law prohibiting sexual orientation discrimination." Journal of European Social Policy 30, no. 2 (August 29, 2019): 241–58. http://dx.doi.org/10.1177/0958928719868456.
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The Employment Equality Framework Directive (EED) is the first and still the only EU law that requires EU member states to combat sexual orientation discrimination. It requires states to change employment laws or draft news ones that prevent employers and coworkers from discriminating against gay and lesbian employees. Implementation of the EED was problematic, despite strong support for the law among many EU member states and their publics. An analysis of the EED’s provisions shows that in countries where religious organizations provide a substantial share of a country’s social services, governments are more likely to transpose the directive incorrectly. These findings are based on an innovative research design that addresses one legal subject matter within a directive. Contradicting earlier research showing it has little to no role, public opinion about an EU law can affect compliance. This article also sheds more light on how religious organizations and beliefs affect European integration, comparatively understudied in the literature. These findings also have important implications for the future of lesbian, gay, bisexual and transgender (LGBT) human rights legislation at the EU level.
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Wilczyński, Robert. "REGULACJE DOTYCZĄCE RÓWNEGO TRAKTOWANIA I ZAKAZU DYSKRYMINACJI W ZATRUDNIENIU TYMCZASOWYM." Zeszyty Prawnicze 14, no. 2 (December 7, 2016): 171. http://dx.doi.org/10.21697/zp.2014.14.2.09.
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REGULATIONS FOR EQUAL TREATMENT AND PROHIBITION OF DISCRIMINATION IN TEMPORARY EMPLOYMENTSummaryThe article discusses the legislation on equal treatment and non-discrimination in temporary employment in the light of the requirements of the Directive of the European Parliament and the European Council 2008/104/EC of 19 November 2008 on temporary agency work. The author recalls the legislative process related to the adoption of the Directive, in particular the legal discrepancies between the social partners and between EU countries, and analyses the content of the Directive. He then presents the provisions of the Polish labour law on equal treatment and non-discrimination. The main part of the article is devoted to a discussion of the adaptation of the legal norms on equal treatment and non-discrimination in the Act of 9 July 2003 on the employment of temporary workers and other legal acts regulating this matter to the recommendations set out in this Directive. The author analyses the current level of compliance of the Polish legislation with the requirements of the EU Directive, presents controversies in the literature, and makes recommendations de lege ferenda.
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Hoentzsch, Susanne. "Discrimination in Individual-Related Employment – A View from Europe and Germany to Canada, analysing the Requirements and the Background of the European Anti-Discrimination Directives." German Law Journal 7, no. 10 (October 1, 2006): 795–818. http://dx.doi.org/10.1017/s2071832200005125.
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Sometimes it seems that the EC directives could be a framework for the Canadian anti-discrimination system, too. They open ways to create procedures which are working for a long time in Canada. This does not mean this can be adopted in EC member states because there are too many peculiarities amongst domestic legislation. The problem seems to combine the directives, formed by influence from the North American legislation,130 with the European understanding of law. Especially in Germany, where employees are well protected by the law, the well-balanced system of rights is in danger. This danger does not seem to be banished by the new AGG which adopted many regulations of the directives without giving answers to questions of its implementation. But seeing the practice in other countries could bring thought-provoking impulses for the embodiment and the use of anti-discrimination law.
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Johnson-Lutz, Hilary R. "Why the CROWN Act of 2020 must be Passed into Law." International Journal of Business and Management Research 8, no. 4 (December 30, 2020): 110–11. http://dx.doi.org/10.37391/ijbmr.080403.
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Black people are often burdened with having to decide between their natural hair and their employment. Media reports of late have uncovered that Black people of all ages and genders have faced the difficult choice of giving in to discrimination of their natural hair in school and at sporting events. The CROWN Act of 2020 was introduced as a response and a way forward in overcoming this burden. Furthermore, this legislation is an effort to educate the general public about the natural hair styles that are often seen as unkempt but are a proud aspect of Black culture. This paper will give the author’s perspective of the significance of this legislation and personal experiences that have formed these views.
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LAIN, DAVID. "Helping the Poorest Help Themselves? Encouraging Employment Past 65 in England and the USA." Journal of Social Policy 40, no. 3 (January 5, 2011): 493–512. http://dx.doi.org/10.1017/s0047279410000942.
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AbstractIn the context of population ageing and low retirement incomes, the UK government is encouraging delayed retirement. However, the OECD has argued that UK means-tested benefits disincentivise employment for the poorest, and Vickerstaff (2006b) has suggested managers have typically controlled opportunities to work beyond 65. In the US, contrastingly, benefits are meagre and difficult to access, and age discrimination legislation protects individuals from forced retirement. Would a US ‘self-reliance’ policy approach increase employment amongst the poorest over 65s in the UK and enhance or diminish their financial position? The evidence suggests that extending UK age discrimination legislation and restricting benefits would increase overall employment past 65, although not necessarily to US levels. Analysis of the English Longitudinal Study of Ageing and the US Health and Retirement Study finds the poorest over 65s were more likely to work in the USA than in England in 2002. However, within the USA, employment amongst the poorest was still low, especially compared with wealthier groups; logistic regression analysis primarily attributes this to lower levels of health and education. A US policy approach would therefore most likely damage the financial position of the poorest in the UK, as increased employment would not sufficiently compensate for lost benefits.
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Behm, Allyson R. "The Americans with (or without) Disabilities Act: Pre-employment Medical Inquiries and the Non-disabled." American Journal of Law & Medicine 26, no. 4 (2000): 439–52. http://dx.doi.org/10.1017/s0098858800011230.
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In 1990, approximately 43 million Americans suffered from mental or physical disabilities. There is no question that disabled Americans face discrimination in their daily lives. However, prior to 1990, disabled individuals were only able to obtain legal redress from discrimination they experienced in the federal arena. As such, many were left with no legal course of action whatsoever. To address this previously unpunished discrimination against disabled persons, President George H. Bush signed the Americans with Disabilities Act (“ADA” or “the Act”) into law on July 26, 1990. With the purpose of setting forth a “clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities,” the Act placed able-bodied status among other statutorily protected categories such as race, national origin, gender and age. As with legislation protecting other groups victimized by discrimination, Congress, in enacting the ADA, recognized the need for equal treatment of disabled persons in the realm of employment.
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Barron, Laura G., and Michelle Hebl. "The force of law: The effects of sexual orientation antidiscrimination legislation on interpersonal discrimination in employment." Psychology, Public Policy, and Law 19, no. 2 (May 2013): 191–205. http://dx.doi.org/10.1037/a0028350.
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Meer, Nasar. "The implications of EC Race Equality and Employment Directives for British anti-discrimination legislation." Policy & Politics 38, no. 2 (April 25, 2010): 197–215. http://dx.doi.org/10.1332/030557309x458434.
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Roberts, Pauline, and Lucy Vickers. "Harassment at Work as Discrimination: The Current Debate in England and Wales." International Journal of Discrimination and the Law 3, no. 2 (September 1998): 91–114. http://dx.doi.org/10.1177/135822919800300202.
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In 1996–97 there were a number of significant decisions which extended the scope of employers' liability for sexual and racial harassment at work, based upon the provisions of the Sex Discrimination Act 1975 and the Race Relations Act 1976. This article seeks to analyse the impact of these recent cases. It began by considering the relationship between the concepts of ‘harassment’ and ‘discrimination’ and the problems inherent in using the anti-discrimination legislation to deal with harassment and bullying at work; we then focus on the recently demonstrated ‘purposive’ approach of the Employment Appeal Tribunal and Court of Appeal in interpreting the statutes and consider how this combats the weaknesses identified. Alternative forms of relief will be briefly considered, in particular the recently enacted Protection from Harassment Act 1997. The authors, while welcoming the recent decisions, argue that there are some victims of bullying who remain outside the protection of the existing anti-discrimination legislation (as they do not fall within any of the groups identified for protection), notwithstanding the robust advances of the EAT. We suggest that the Protection from Harassment Act may not completely fill this gap.
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Ravid, Renée. "Disclosure of Mental Illness to Employers: Legal Recourses and Ramifications." Journal of Psychiatry & Law 20, no. 1 (March 1992): 85–102. http://dx.doi.org/10.1177/009318539202000106.
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Court rulings on discriminatory employment procedures have varied in their interpretation of the law. The landmark Americans with Disabilities Act of 1990 promises to eliminate discrimination against the increasing number of physically and mentally disabled. This article examines past legislation, case law, and changes under the ADA that have affected or will affect the mentally ill in the employment setting. The ADA addresses the issue of confidentiality, distinguishing drug testing from medical examination restrictions. Controversy regarding its implementation is discussed, emphasizing the legal ramifications for psychiatrists who may be asked to assess the fitness of applicants and employees and to make recommendations regarding their “reasonable accommodation.”
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Duraj, Tomasz. "Powers of Trade Union Activists Engaged in Self-Employment – Assessment of Polish Legislation." Acta Universitatis Lodziensis. Folia Iuridica 95 (March 30, 2021): 83–100. http://dx.doi.org/10.18778/0208-6069.95.08.
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The objective of the foregoing article is an analysis of the rights which the Polish legislature granted to self-employed trade union activists after the extension of coalition rights to these persons. In this regard, the trade union law extended to self-employed persons working as sole traders protection, which until 2019 was reserved exclusively for employees. Pursuant to the amendment of July 5, 2018, self-employed trade union activists were granted – based on international standards – the right to non-discrimination on the basis of performing a trade union function, the right to paid leaves from work, both permanent and ad hoc in order to carry out ongoing activities resulting from the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. The author positively assesses the very tendency to extend employee rights to self-employed persons acting as union activists. However, serious doubts are raised by the scope of privileges guaranteed to non-employee trade union activists and the lack of any criteria differentiating this protection. Following the amendment of the trade union law, the legislator practically equates the scope of rights of self-employed trade union activists with the situation of trade union activists with employee status. This is not the right direction. This regulation does not take into account the specificity of self-employed persons, who most often do not have such strong legal relationship with the employing entity as employees. The legislature does not sufficiently notice the distinctness resulting from civil law contracts, which form the basis for the provision of work by the selfemployed the separateness resulting from civil law contracts, which constitute the basis for the performance of work by the self-employed. According to the author, the scope of rights guaranteed de lege lata to self-employed union activists constitutes an excessive and unjustified interference with the fundamental principle of freedom of contract on the basis of civil law employment relations (Art. 3531 of the Civil Code). From the point of view of international standards, it would be enough to ensure the right of these persons to non-discrimination on the basis of performing a trade union function; the right to unpaid temporary leaves from work in order to perform current activities resulting from the performed trade union function; the right to high compensation in the event of termination of a civil law contract with a self-employed trade union activist in connection with the performance of his functions in trade union bodies and full jurisdiction of labour courts in cases arising from the application of trade union law provisions. The disadvantage of the regulation at issue is also that Polish collective labour law does not in any way differentiate the scope of the rights and privileges guaranteed to self-employed trade union activists, ensuring the same level of protection for all. In that area, it appears that the legislature de lege ferenda should differentiate the scope of that protection by referring to the criterion of economic dependence on the hiring entity for which the services are provided.
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Tepperová, Jana, and Lucie Rytířová. "Tax Law: Third Party As Payer of Income from Dependent Activity." International and Comparative Law Review 13, no. 1 (June 1, 2013): 147–61. http://dx.doi.org/10.1515/iclr-2016-0065.
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Abstract Employment related income paid by a third party (non-employer) has its specific tax treatment. In the Czech Republic, a different approach applies for calculation of personal income tax and obligatory insurance contributions from this income. With the preparation of the Single Collection Point (unifying the collection of personal income tax and obligatory insurance contributions), the question arises whether it is possible to set up unified treatment of this income for all obligatory payments. We provide detailed analyses of this topic from the point of view of the Czech legislation and comparison with selected countries. Further we follow with the discussion of problematic issues in unified treatment for all obligatory payments from this income; such as discrimination and complicated administration. We conclude that even if the national legislation for all obligatory payments from this income would not diff er, there will still be different treatment due to specific international regulations.
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Tanjevic, Natasa, and Filip Miric. "Suppression of discrimination against people with disabilities in the field of labor and employment: Situation and prospects." Temida 16, no. 1 (2013): 133–50. http://dx.doi.org/10.2298/tem1301133t.
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Discrimination based on disability is a complex phenomenon that is present in all spheres of social life, especially in the world of work. The reasons that led to this are numerous: living conditions, social and economic policies of different times, but also many social factors such as ignorance, carelessness, neglect, fear and prejudice. Therefore, various documents on the international and national levels are adopted which contain provisions prohibiting discrimination against persons with disabilities and that provide a legal framework for their employment. Accordingly, the Serbian national legislation is now significantly closer to the standards of the international community and the European Union in this field, which opened the way for more effective protection of persons with disabilities. However, one of the main problems is the application of the law in practice. The authors tried to, through the presentation of relevant documents of international and domestic law, point out their individual shortcomings while proposing certain amendments to the existing legal solutions for the purpose of finding effective ways to combat discrimination against persons with disabilities in the labor and employment area, which is the main aim of this paper.
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Wheat, Kay. "Mental Health in the Workplace (2) – Mental Health and Discrimination in Employment." International Journal of Mental Health and Capacity Law 1, no. 16 (September 8, 2014): 194. http://dx.doi.org/10.19164/ijmhcl.v1i16.218.
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<p align="LEFT">People with mental health problems are stigmatised and in particular there is concern about stigmatisation in employment. The Disability Discrimination Act 1995 (“the Act”) was introduced to address the problems of disabled people, both in employment and in the provision of education, goods and services and the legislation is concerned with mental as well as physical health. However, its basic premise is that disability has to be long-term and must be defined in terms of the individual disabled person. Many people with mental health problems are not disabled within the meaning of the Act, and because of the individualised approach what has been described as institutionalised discrimination has not been addressed. This article examines the current employment protection for those with mental health problems offered by the Act and elsewhere. It will be argued that there are particular problems associated with mental health that are not addressed by the current law and that recent attempts to address these have resulted in a missed opportunity, and that a more radical approach is necessary because of the nature of mental health and the perceptions and prejudices surrounding this area. </p>
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Sagandykov, Michail, and Galia Shafikova. "The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)." Всероссийский криминологический журнал 12, no. 6 (December 24, 2018): 836–44. http://dx.doi.org/10.17150/2500-4255.2018.12(6).836-844.
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The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.
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Bennett, Michael, Sharon Roberts, and Howard Davis. "The Way Forward — Positive Discrimination or Positive Action?" International Journal of Discrimination and the Law 6, no. 3 (March 2005): 223–49. http://dx.doi.org/10.1177/135822910500600303.
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The focus of this article is an evaluation of the Race Relations (Amendment) Act 2000, which imposes duties on public authorities, and the Sex Discrimination (Election Candidates) Act 2002, which gives opportunities to political parties over the selection of candidates. Both of these Acts help to move anti-discrimination law in the United Kingdom away from a concentration on remedies for inconsistent treatment towards the acceptance of the need for positive measures aimed at both protecting and also advancing the position of an under-represented group. The article suggests that the positive measures these Acts exemplify may lead to conflict with the background principle that individuals should be treated with equal concern and respect. The article suggests that this principle underlies the limits to positive action in employment schemes under European Union law (the article includes a consideration of whether such limits apply to election candidacy); it goes on to consider the principle in respect of the limits to positive action authorised by these two Acts that may follow from the Human Rights Act 1998. The article concludes by considering whether the new legislation provides acceptable models for the future.
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ZAITCEVA, LARISA V., and TATYANA V. LUZINA. "LABOR LEGISLATION AS A TOOL FOR ENSURING MIGRATION SAFETY." Proceedings of the Institute of State and Law of the RAS 14, no. 5 (December 12, 2019): 168–95. http://dx.doi.org/10.35427/2073-4522-2019-14-5-zaitceva-luzina.
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The labor legislation may have an impact on the level of migration safety in the country. On the one hand, it provides conditions for improvement of the labor force mobility domestically through the establishment of guarantees and compensations due to relocation to another region. On the other hand, the labor legislation ensures control over legal external labor migration and protects internal labor market against illegal migrants and social damping in respect of labor conditions through the establishment of special diferentiation of legal regulation of labor of foreign citizens and individuals without citizenship.Russia demonstrates a traditionally low level of internal labor mobility, the fact that results in preservation of localization of regional labor markets and prevents from efficient usage of labor force. The main challenges in this area are the matters related to provision of housing for displaced persons which is beyond the scope of regulation by the labor legislation.The legal instruments ensuring the exercise of temporary internal labor mi gra-tion are associated with such forms of labor organization as work on a rotational basis, seasonal work, and outstaffing. Remote working can be roughly attributed to such forms.In the Russian Federation citizens still face an employment problem if they do not have registration at their place of residence. The regulations of the labor legislation on prohibition of discrimination, inter alia, based upon place of residence, availability or lack of registration at one’s place of residence as well as regulations on administrative liability for the respective acts serve as sufficient legal remedies against illegal refusal to recruit. The problems of efficiency of such remedies are to a large extent linked to procedural aspects — dissemination of general rules for the shared burden of proof on disputes on discrimination in labor sector.The issues of external migration are governed primarily by the standards of ad mi nistrative law. The labor legislation regulates labor relationships with the participation of foreign citizens and individuals without citizenship and establishes features for regulation of their labor not forming discrimination. Along with this, there are problems to be resolved. The following can be identified. The regulations of the Labor Code of RF governing features for temporary transfer of foreign employees and the related additional grounds for termination of labor contract bring instability into such labor relationships and provide a context for abuses on the part of employer. Regardless the fact that the legislation doesn’t prohibit remote working for foreign citizens, the Ministry of Labor and Social Security of RF considers it impossible to conclude an employment contract on remote working with a foreign employee residing abroad. Moreover, the Russian legislation doesn’t provide for a possibility to conclude an employment contact in the languages of both parties as stipulated in Guidelines No.86 of the International Labor Organization "On migrant workers" (revised in 1949).It is necessary to continue improving the labor legislation for the purposes of facilitating internal labor mobility, protecting employees against discrimination and malpractices of socio-labor damping.
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Clementi, N., and 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 (March 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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Tanaka, Hiroshi. "Working Women in Japan." Equal Opportunities International 5, no. 1 (January 1, 1986): 1–7. http://dx.doi.org/10.1108/eb010439.
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Japan is perhaps the worst of the top industrialised nations in its treatment of its female labour force. Although some improvements have been made, discrimination still exists in all aspects of employment, particularly in opportunity, reward and recognition. Japanese women feel that the two most important avenues for achieving greater equality are self‐improvement and the realisation of changes in societal attitudes, whereas changes in the law are not felt to be so important. Recent trends in employment status, employment by industry and occupation and part‐time work as well as age and educational background as regards working women in Japan are examined. Legislation is briefly described. Understanding the situation in different countries is a prerequisite for gaining the broader perspective necessary for the achievement of universal equity and mutual global prosperity.
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Dębska, Monika Magdalena, and Maciej Dębski. "Sytuacja prawna pracowników powyżej pięćdziesiątego roku życia." Prawo Kanoniczne 54, no. 3-4 (July 9, 2011): 367–85. http://dx.doi.org/10.21697/pk.2011.54.3-4.14.
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Non-discrimination of treatment – also on the grounds of age – is a fundamental rule of Polish labour legislation. That rule is expressed in art. 32(2) of the Polish Constitution, art. 1 of Directive 2000/78/EC and art. 113 of the Polish Labour Code. According to art. 6 of Directive 2000/78/EC, art. 183b § 2 of the Polish Labour Code and ECJ case law, exceptions from that rule are permissible if they are justified by a legitimate aim and if the means of achieving that aim are appropriate and necessary. These exceptions include the legitimacy of termination of employment relationships with workers for the sole reason of their reaching the age of retirement. Indeed, such termination can be justified by employment policy. On the other hand, by virtue of art. 39 of the Labour Code, during four years prior to reaching retirement age workers benefit from the so-called protection period, which – with some exceptions – prohibits termination of their employment contracts or work and pay agreements. On October 17th, 2008, the Polish government adopted a program named Solidarity of generations – action for Increasing Occupational activity of Persons aged 50+, within which professional development training and apprenticeship programs were opened to people aged 50 and over, and legislation was introduced to promote their employment.
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Savchuk, Sergiy. "Special aspects of legal regulation of fixed-term employment contracts of some European countries." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 286–90. http://dx.doi.org/10.36695/2219-5521.2.2020.54.
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The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.
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Körner, Marita. "German Labor Law in Transition." German Law Journal 6, no. 4 (April 1, 2005): 805–15. http://dx.doi.org/10.1017/s2071832200013936.
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For decades, German labor law has been among the most advanced in the world, although no labor code was ever enacted like, for e.g., in France with its ‘Code du travail’ adopted on 15th November 1973. In Germany, after World War II, German labor legislation developed a great variety of specific Acts covering individual and collective labor law. Basics, like protection against dismissal or collective bargaining, as well as employee participation in works councils, reached a high level. Although German law belongs to the Continental legal systems and thus is mainly based on legislation, some of the most important aspects of collective labor law, especially trade union law and the right to strike are not regulated by statutory law. Bundesarbeitsgericht (the Federal Labor Court) and Bundesverfassungsgericht (the Federal Constitutional Court) filled in the blanks step by step in a variety of decisions. Accordingly, these crucial fields of labor relations are based on mere case law. It turned out to be politically impossible to get trade union law and the law on strike and lock-outs enacted. Despite statements to the contrary, the parties involved seem to be content with this rather flexible handling. On the whole, German labor law became more and more protective over the years, including aspects like equality and prohibition of discrimination in employment, sick-leave payment, and the possibility to claim a part-time job under the 2000 Act on Teilzeit- und Befristungsgesetz – TzBfG (Part Time and Temporary Work).
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Vettori, Stella. "The Role of Human Dignity in the Assessment of Fair Compensation for Unfair Dismissals." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 4 (May 29, 2017): 101. http://dx.doi.org/10.17159/1727-3781/2012/v15i4a2511.
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South African labour law is concerned with the attainment of fairness for both the employer and the employee. In weighing up the interests of the respective parties it is of paramount importance to ensure that a delicate balance is achieved so as to give credence to commercial reality as well as an individual's right to dignity. In other words the attainment of fairness in the employment relationship must give cognisance not only to surrounding socio-economic reality but also to human rights. The environment within which the world of work operates has at its core a free enterprise economy. Ultimately, an employer should generally not be penalised to the extent that it is crippled and unable to continue operating. It is argued in this article that in ascertaining what constitutes appropriate compensation for an unfair dismissal, the underlying reality that labour law operates in a free enterprise system must be and is given cognisance to by the legislation and the courts. At the same time in ascertaining what constitutes fair compensation for unfair dismissal due regard must be had not only to the labour rights contained in the Constitution but also to other rights protected in terms of the Constitution, most importantly, the rights to dignity and equality. The fact that the basis of the employment relationship is commercial and an employer is entitled and even encouraged to make profits is reflected in our law by the fact that there are caps on the amount of compensation for unfair dismissal in the interests of business efficiency and certainty. However, an analysis of relevant case law demonstrates that this can never be at the expense of a person's dignity. Hence the notion that the employment relationship is relational. This is reflected by the interpretation given to the legislation by the courts. Where there has been discrimination or an impairment of the employee's dignity, there are no such limits as to the amount of compensation a court can award. If there has been unfair discrimination, the courts may even award punitive and non-pecuniary damages.
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Trooboff, Peter D., and William P. Weiner. "Treaties of friendship, commerce and navigation—subsequently enacted legislation —Civil Rights Act of 1964—Age Discrimination in Employment Act of 1967." American Journal of International Law 84, no. 2 (April 1990): 565–68. http://dx.doi.org/10.2307/2203474.
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Чубукова, Светлана. "APPROACHES TO LEGAL REGULATION OF GENETIC TESTING IN THE RULE-OF-LAW STATE." Rule-of-law state: theory and practice 16, no. 2 (February 1, 2020): 145–56. http://dx.doi.org/10.33184/pravgos-2020.2.13.
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The relevance of legal regulation of genetic testing is determined by the fact that genetic data can be used not only for the good, but also for discrimination against a person. Aim: To analyze the approaches of different countries to the development of legal regulation of genetic testing and the use of genetic data. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; private scientific methods: comparative legal and the method of interpretation of legal norms. Results: Two approaches are identified in legal regulation of the use of genetic data. The first approach involves limiting the freedom of contract in the field of employment or insurance, introducing general prohibitions on human rights discrimination on the grounds of genetic characteristics or creating special legal rules for insurance companies and employers. The second approach is to enact comprehensive privacy laws to protect genetic data from collection, use and disclosure without the consent of the parties involved. It is concluded that only an integrated approach to legal regulation of genetic researches and the use of genetic information, including the introduction of general prohibitions on discrimination on the ground of genetic characteristics in human rights legislation, the creation of special legal norms for insurance companies and employers, the establishment of a strictly controlled regime for genetic data use will ensure the protection of the rights of subjects of genetic data and the bio-security of the state.
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Favalli, Silvia, and Delia Ferri. "Tracing the Boundaries between Disability and Sickness in the European Union: Squaring the Circle?" European Journal of Health Law 23, no. 1 (February 10, 2016): 5–35. http://dx.doi.org/10.1163/15718093-12341392.
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In recent years the European Union (eu) has sought to develop a far-reaching policy regarding persons with disabilities. However, to date, eu non-discrimination legislation does not provide any clear legal definition of what constitutes a disability. The Court of Justice of the European Union (cjeu) has attempted to fill this gap and, in several decisions, has elaborated on the concept of disability and its meaning under eu law. The cjeu, with reference to the application of the Employment Equality Directive, has explained the notion of disability mainly by comparing and contrasting it to the concept of sickness. Against this background, this article critically discusses recent case law and attempts to highlight that, even though the Court has firmly embraced the social model of disability envisaged by the un Convention on the Rights of Persons with Disabilities, the boundaries between the concepts of sickness and disability remain blurred.
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Tarnopolsky, Walter S. "Le contrôle de la discrimination raciale au Canada." L'égalité devant la loi 18, no. 4 (April 12, 2005): 663–89. http://dx.doi.org/10.7202/042189ar.
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This article is divided into four parts: the first is a brief survey of race relations in Canada before the enactment of anti-discrimination legislation; the next two parts are devoted to an outline of the scope of this legislation and of the administration and enforcement of it ; finally, the last part suggests some current and possible future developments to make it more effective. Prior to the nineteenth century both the French and the British settlers in the colonies that have become a part of Canada had slaves. Slavery was not, however, very extensive due to lack of large agricultural holdings. At the end of the eighteenth century the legislature in Upper Canada and some judges in Lower Canada limited its expansion and helped to end its practice. The British Imperial Emancipation Act of 1833 brought it to an end. In the next few decades, up to the American Civil War, some Canadians helped run-away slaves from the slave-holding states in the United States, while others actively discouraged them from coming. By the end of the nineteenth century a new source of racial tension arose on the West Coast between the newer immigrants from Asia and the older immigrants from Europe. The result was the enactment of numerous discriminatory laws by the legislature of British Columbia and subsequently, on a lesser scale, by the other western provinces. Most of these remained on the statute books until after World War II. None of these laws were held invalid by the courts on the basis of their discriminatory nature. In addition, both the common law and the Civil Code were interpreted as not prohibiting private discrimination, except by hotel-keepers and common carriers. The change from this situation started in the I930's with a few specific legislative prohibitions of discrimination in specific instances. In the 1940's Ontario, with respect to signs and advertisements and Saskatchewan, with respect to a whole range of activities, enacted legislation prohibiting discrimination, enforcing their prohibitions with penal sanctions. The 1950's saw the introduction of fair employment and fair accommodation practices acts. By the I960's these were being consolidated into comprehensive human rights codes administered by human rights commissions. This trend has continued up to this year, with the result that all eleven jurisdictions have commissions charged with enforcing antidiscrimination codes or acts. The usual, but not invariable, procedure is the laying of a complaint, the investigation of it by the commission staff, an attempt to bring about a settlement and finally, failing that, a hearing before an adjudicative tribunal to determine whether an act of discrimination did occur and, if so, what redress is appropriate. In concluding, three suggestions are made regarding measures that could be taken to strengthen the effectiveness of anti-discrimination legislation: (I) contract compliance; (2) greater independence for the commissions from the government; and (3) giving the legislation paramountcy over other statutes.
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Vasilyeva, Yu V., and S. V. Shuraleva. "AGE AS A FACTOR OF EMPLOYEE’S VULNERABILITY IN LABOR LAW." Вестник Пермского университета. Юридические науки, no. 49 (2020): 550–75. http://dx.doi.org/10.17072/1995-4190-2020-49-550-575.
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Introduction: the article studies the influence of an individual’s age on their vulnerability in labor relations. Purpose: to analyze the legal regulation applied to age-vulnerable groups of workers in labor law, to identify the factors of vulnerability, and to propose the directions of improving labor legislation taking into account the ILO policies and the experience of individual foreign countries. Methods: the methodological framework of the research is based on general, general scientific methods as well as some special methods (system-structural, formallegal, comparative-legal). Results: the UN approaches to the concept of vulnerability and vulnerable groups in international law have been studied. At the current stage, the protection of vulnerable groups is closely linked to the concepts of equality and non-discrimination, with the age factor serving as the basis for differentiation of legal regulation in labor law. The authors put forward a thesis that the first vulnerable categories of workers differentiated by age were minors, while older workers were not considered a vulnerable group until the end of the 20th century and did not have a special status despite the problem of ageism. The authors substantiate the presence of three vulnerable groups of workers distinguished by age: youth (including minors), women of childbearing age, and older persons. It is argued that a woman’s childbearing age should be recognized as a factor of vulnerability, but only when work is accompanied by harmful and dangerous conditions; in general, the significance of this factor is reducing, including due to the position of international bodies. It is noted that modern Russian labor law focuses on protecting the labor rights of minors, while they are young people aged 15 to 24 who are the most vulnerable in the labor market, as evidenced by the high rate of youth unemployment in this age segment. Analyzing the reasons for the lack of comprehensive legal regulation of youth labor at the state level, the authors turn to the strategies of transnational corporations aimed at attracting young professionals, as well as to successful foreign practices aimed at stimulating youth employment. Assessing the legal regulation of older people’s labor in Russia, the authors conclude that it does not yet fully take into account international approaches to the role of older people in the labor sphere. Older persons are a heterogeneous group, so the purpose of legal regulation is to properly place the emphases. The main goal of differentiating the legal regulation of work of persons nearing retirement age is to ensure their staying in employment and protect them against discrimination, while for persons who have already reached retirement age – to promote their health preservation and self-realization. Conclusions: the authors state the vulnerability of employment among young people over 18 and older persons, the lack of differentiation of their status in labor law, and suggest ways to improve labor legislation in order to reduce the vulnerability of employees depending on age.
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Andriiv, V. "AGE FEATURES OF EMPLOYEES AND THEIR REGULATION UNDER INTERNATIONAL LABOUR LEGISLATION." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 116 (2021): 5–11. http://dx.doi.org/10.17721/1728-2195/2021/1.116-1.
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The article analyses international legal acts that regulate the labour relations of certain categories of workers, as well as related problems. Their distinctive feature is the age that a person has reached at the time of entering into such a legal relationship. The peculiarities of such regulation are determined; its characteristic features are specified. Due to the fact that age is one of the legal facts that affect the legal status of the employee, an attempt is made to distinguish between age groups of employees and to identify features of their legal status in the employment relationship. The methodological basis of the study includes general and special methods of cognition. The dialectical method examines the problems of legal regulation of international norms on the use of hired labour of minors and the elderly and their relationship with a number of trends that have different effects on international labour law. Formal-logical and systematic methods are used to study the content of international legal acts governing labour relations of minors and the elderly. The main result of the study is the regulation in international legal acts of relations concerning the use of hired labour of minors and the elderly, improving its conditions, protection against discrimination and creating conditions for the free exercise of their ability to work within national laws, for comparative legal analysis and finding ways to improve existing systems. The article also pays attention to the content, significance and features of the basic principles for the use of hired labour of minors and the elderly, the establishment by member states of the minimum age for employment.
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Harris, Rebecca C. "State responses to biotechnology." Politics and the Life Sciences 34, no. 1 (2015): 1–27. http://dx.doi.org/10.1017/pls.2015.2.
Full textAbstract:
This article reviews biotechnology legislation in the 50 states for 11 policy areas spanning 1990–2010, an era of immense growth in biotechnology, genetic knowledge, and significant policy development. Policies regarding health insurance, life insurance, long-term care insurance, DNA data bank collection, biotech research protection, biotech promotion and support, employment discrimination, genetic counselor licensing, human cloning, and genetic privacy each represent major policy responses arising from biotechnology and coinciding with key areas of state regulation (insurance, criminal justice, economic development, labor law, health and safety, privacy, and property rights). This analysis seeks to answer three questions regarding biotechnology legislation at the state level: who is acting (policy adoption), when is policy adopted (policy timing), and what is policy doing (policy content). Theoretical concerns examine state ideology (conservative or liberal), policy type (economic or moral), and the role of external events (federal law, news events, etc.) on state policy adoption. Findings suggest ideological patterns in adoption, timing, and content of biotech policy. Findings also suggest economic policies tend to be more uniform in content than moral policies, and findings also document a clear link between federal policy development, external events, and state policy response.