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1
Hunter, Rosemary. Indirect discrimination in the workplace. Annandale, NSW: Federation Press, 1992.
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2
Byre, Angela. Indirect discrimination: A report prepared for the Equal Opportunities Commission. London: EqualOpportunities Commission, 1987.
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3
Kerr, Linda Patricia. Flexibility does not equal fairness: An analysis of the cases on indirect sex discrimination. [s.l: TheAuthor], 1993.
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4
Bosset, Pierre. La discrimination indirecte dans le domaine de l'emploi: Aspects juridiques. Cowansville [Québec]: Éditions Y. Blais, 1989.
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5
Prunes, José Luiz Ferreira. Justa causa e despedida indireta. Curitiba: Juruá Editora, 1995.
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6
Direito da antidiscriminação: Discriminação direta, indireta e ações afirmativas. Porto Alegre: Livraria do Advogado Editora, 2008.
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7
Lara, Carmen Sáez. Mujeres y mercado de trabajo: Las discriminaciones directas e indirectas. Madrid, España: Consejo Económico y Social, 1994.
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10
Hunter, Rosemary. Indirect Discrimination in the Workplace. Federation Press, 1992.
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11
Collins, Hugh, and Tarunabh Khaitan. Foundations of Indirect Discrimination Law. Bloomsbury Publishing Plc, 2018.
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12
Collins, Hugh, and Tarunabh Khaitan. Foundations of Indirect Discrimination Law. Bloomsbury Publishing Plc, 2020.
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13
Britain, Great. Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001. Stationery Office, The, 2001.
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14
Great Britain. Commission for Racial Equality., ed. Indirect discrimination in employment: A practical guide. London: Commission for Racial Equality, 1989.
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15
1938-, Gill Deirdre, and Institute of Personnel Management. Information Services., eds. Indirect discrimination: The state of the law. London: IPM Information and Advisory Services, 1986.
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16
Heiner, Prof, Bielefeldt, Ghanea Nazila, Dr, and Wiener Michael, Dr. Part 2 Discrimination, 2.1 Discrimination on the Basis of Religion or Belief/Interreligious Discrimination/Tolerance. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703983.003.0017.
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This chapter focuses on religious discrimination. Not only does freedom of religion or belief prohibit undue infringements into a person’s religious freedom; it also prohibits discrimination—the denial of equality and unfair treatment based on religion. The discussion on discrimination has become more and more complex in recent debate, both with a view to different types of actors (State institutions, de facto authorities, and non-State institutions) and to different forms of discrimination (direct, indirect, structural, intersectional). While many experiences of discrimination continue to be overt and recognizable, more sensitivity has also arisen concerning concealed forms of discrimination, such as indirect discrimination, sometimes hidden under seemingly neutral rules. Reasonable accommodation should be used to tackle these phenomena. Moreover the State bears the responsibility to address the root causes of intolerance, societal discrimination, and violence committed in the name of religion.
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Thomsen, Frej Klem. Discrimination. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190228637.013.202.
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The conceptualization and moral analysis of discrimination constitutes a burgeoning theoretical field, with a number of open problems and a rapidly developing literature. A central problem is how to define discrimination, both in its most basic direct sense and in the most prominent variations. A plausible definition of the basic sense of the word understands discrimination as disadvantageous differential treatment of two groups that is in some respect caused by the properties that distinguish the groups, but open questions remain on whether discrimination should be restricted to concern only particular groups, as well as on whether it is best conceived as a descriptive or a moralized concept. Furthermore, since this understanding limits direct discrimination to cases of differential treatment, it requires that we be able to draw a clear distinction between equal and differential treatment, a task that is less simple than it may appear, but that is helpful in clarifying indirect discrimination and statistical discrimination. The second major problem in theorizing discrimination is explaining what makes discrimination morally wrong. On this issue, there are four dominant contemporary answers: the valuational and expressive disrespect accounts, which hold that discrimination is wrong when and if the discriminator misestimates or expresses a misestimate of the moral status of the discriminatee; the unfairness account, which holds that discrimination is wrong when and if the discriminator unfairly increases inequality of opportunity; and the harm account, which holds that discrimination is wrong when and if the discriminator harms the discriminatee. Each of these accounts, however, faces important challenges in simultaneously providing a persuasive theoretical account and matching our intuitions about cases of impermissible discrimination.
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Atrey, Shreya. Intersectional Discrimination. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198848950.001.0001.
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Why has intersectionality fallen by the wayside of discrimination law? Thirty years after Kimberlé Crenshaw coined the term ‘intersectionality’, discrimination lawyers continue to be plagued by this question across a range of jurisdictions, including the US, UK, South Africa, India, Canada, as well as the UN treaty body jurisprudence and the jurisprudence of the EU and the ECHR. Claimants continue to struggle to establish intersectional claims based on more than one ground of discrimination. This book renews the bid for realizing intersectionality in comparative discrimination law. It presents a juridical account of intersectional discrimination as a category of discrimination inspired by intersectionality theory, and distinct from other categories of thinking about discrimination including strict, substantial, capacious, and contextual forms of single-axis discrimination, multiple discrimination, additive discrimination as in combination or compound discrimination, and embedded discrimination. Intersectional discrimination, defined in these theoretical and categorial terms, then needs to be translated into doctrine, recalibrating each of the central concepts and tools of discrimination law to respond to it—including the text of non-discrimination guarantees, the idea of grounds, the test for analogous grounds, the distinction between direct and indirect discrimination, the substantive meaning of discrimination, the use of comparators, the justification analysis and standard of review, the burden of proof between parties, and the range of remedies available. With this, the book presents a granular account of intersectional discrimination in theoretical, conceptual, and doctrinal terms, and aims to transform discrimination law in the process of realizing intersectionality within its discourse.
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Jefferson, Michael. 5. Discrimination at work, prohibited conduct, and enforcement. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198759157.003.0005.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the provisions of the Equality Act 2010. Applicants for jobs must not be asked about their health or disability in the recruitment process. Prohibited conduct refers to direct and indirect discrimination, harassment, and victimization. Segregation on racial grounds is also prohibited. There is no minimum period of employment needed before one can make a discrimination claim.
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Jefferson, Michael. 5. Discrimination at work, prohibited conduct, and enforcement. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815167.003.0005.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the provisions of the Equality Act 2010. Applicants for jobs must not be asked about their health or disability in the recruitment process. Prohibited conduct refers to direct and indirect discrimination, harassment, and victimisation. Segregation on racial grounds is also prohibited. In addition, there is no minimum period of employment needed before one can make a discrimination claim.
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Cabrelli, David. 10. Introduction to Employment Equality Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198813149.003.0010.
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This chapter examines the pros and cons of interfering in the labour market via the promulgation of anti-discrimination laws. It evaluates the basic theoretical constructs which are relevant to a proper understanding of anti-discrimination law in the UK and the EU, including the possible policy responses (e.g. the distinction between formal equality and substantive equality). It briefly assesses the historical development of anti-discrimination laws in the workplace, and then analyses key statutory concepts such as direct discrimination, indirect discrimination, harassment, sexual harassment. Finally, the chapter considers victimization—an important issue since there is little purpose in statutory concepts if the employer can intimidate the employee from bringing or continuing proceedings on one of these bases by subjecting him/her to retaliation.
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Emir, Astra. 4. Equality in Employment. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198814849.003.0004.
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This chapter considers those provisions of the Equality Act 2010 that relate to employment law. These generally are to be found in Parts 5, 8, 9, 10, and 11 of the Act, together with provisions found in various schedules. Topics discussed include key concepts of the Act; various types of prohibited conduct such as direct and indirect discrimination; the protected characteristics as identified by the Equality Act; discrimination in employment; provisions in the Equality Act that are common to all of the protected characteristics; comparators; occupational requirements; submitting a complaint; enforcement powers of the Equality and Human Rights Commission; and other protected groups.
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Moreau, Sophia. Faces of Inequality. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190927301.001.0001.
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This book defends an original and pluralist theory of when and why discrimination wrongs people. Sophia Moreau argues that although all cases of wrongful discrimination involve a failure to treat some people as the equals of others, these failures are importantly different. The first four chapters of the book explore different ways of failing to treat people as equals: through unfairly subordinating some to others, through violating someone’s right to a particular deliberative freedom, and through denying some people access to a basic good. Chapter Five explains why these different wrongs can be seen as parts of a coherent theory of wrongful discrimination, and it presents some of the explanatory advantages of that this theory has over others. Chapter Six argues that the theory enables us to see indirect discrimination as wrongful for many of the same reasons as direct discrimination, and that both should be seen as forms of negligence. Finally Chapter Seven argues that the duty to treat others as equals is a duty held not just by the state, but also by each individual member of society.
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Craig, Paul, and Gráinne de Búrca. 19. Free Movement of Goods:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0019.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is allowed to place restrictions on the movement of goods. The European Court of Justice’s interpretation of Articles 34-37 has been important in achieving single market integration. It has given a broad interpretation to the phrase ‘measures having equivalent effect’ to a quantitative restriction (MEQR), and has construed the idea of discrimination broadly to capture both direct and indirect discrimination.
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Ferri, Delia. Italy. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0009.
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Italy was among the first countries to sign the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, and ratified it in 2009 by Law 18/2009. Since then, the Convention has displayed significant influence on case law, and provoked a degree of judicial activism. This chapter provides an overview of how Italian courts have used and interpreted the CRPD. It highlights how Italian lower and higher courts, including the Constitutional Court and the Court of Cassation, have attempted to overcome the gap between domestic law and the CRPD, by ‘rethinking’ legal concepts in light of the Convention. This is evident with regards to the field of legal capacity and the domestic provisions of the civil code on the ‘administration of support’, but also to non-discrimination legislation, the scope of which has been evidently enlarged to encompass the failure to provide reasonable accommodation as a form of indirect discrimination.
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Jones, Peter. Religious Exemption and Distributive Justice. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198794394.003.0012.
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Religious exemptions are frequently justified as exercises in distributive justice. This chapter examines that view, using a distinction between two types of distribuend: (a) religious freedom and (b) access to non-religious goods, an access that may be diminished for some because they hold religious beliefs. Exemptions required by indirect religious discrimination law are concerned with (b) and are primarily exercises in distributive justice, although not in a simple egalitarian form. Those required by human rights law are concerned with (a) and turn on the make-up of the distribuend rather than its distribution. Exemptions granted specifically and directly by law, such as those granted to Sikhs in relation to kirpans and safety helmets, should be understood as exercises in adhockery rather than distributive justice.
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Lowe, Hannah, Nuran Urkmezturk, and Iysha Arun. SUPPORTING GENDER EQUALITY: Examples from Politics, Business and Academia in the UK. Dialogue Society, 2021. http://dx.doi.org/10.55207/nubs7155.
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The Dialogue Society supports the Equality Act 2010 (Government Equalities Office 2015). We believe we have a duty to eliminate discrimination, advance equality of opportunity, and foster good relations within our organisation. Furthermore, Dialogue Society aims to reflect its values in accordance with the Equality Act 2010 within society. Whether it is direct discrimination, indirect discrimination, harassment or victimisation, any form of discrimination must be condemned in any area of social life. Society will be in its fully developed form when all forms of discrimination are eliminated. The Equality Act 2010 includes legislation against many forms of discrimination. Sex discrimination is one of the areas covered by the Equality Act 2010. Sex discrimination is the unfair treatment of one as a result of their gender identity, i.e., if they are a man or a woman. Although sex discrimination can be towards both genders, women experience it many times more than men do. Additionally, although many countries have achieved significant milestones towards gender parity across education, health, economic and political systems, there remains much to be done. According to The Global Gender Gap Index 2018 report, there is a gender disparity in political empowerment, which today maintains a gap of 77.1%, and an economic participation and opportunity gap, which is the second-largest gender disparity at 41.9% globally (World Economy Forum 2019). The data illustrates that sex discrimination is one of many problems in the contemporary world. It operates negatively on a number of societal and economic levels: it divides the community, causes a lack of opportunity and representation for women, and excludes women from participation in many aspects of social life. Equal contribution opportunities for women and men are critical for our community's economic and societal development. The Dialogue Society aims to build dynamic and inclusive economies and societies that provide a future of opportunities for all. In order to achieve this best form of society, we believe women’s empowerment is a necessity. Women’s empowerment includes promoting professional development for women, implementing practices that empower women in the workplace, and promoting equality through community initiatives. The women’s empowerment process focuses on shaping frameworks for closing economic gender gaps, fostering diversity, and promoting women's inclusion and equality. Furthermore, the Dialogue Society aims to increase women's participation in the workforce, help more women advance into leadership, and close the gender gap. To this end, the Dialogue Society organised many projects, research, and panel discussions on women’s empowerment. This report aims to inspire ongoing efforts and further action to accelerate the achievement of full gender equality via promoting women’s empowerment, recommending and implementing direct top-level policies for gender equality, and ensuring that existing policies are gender-sensitive and practices are safe from gender-based discrimination. Finally, this report is to engage and illustrate the importance of allyship, awareness, and policy implementations that improve the lives of millions of women. We call upon every reader of this report to join the efforts of the Dialogue Society in promoting women’s empowerment for an equal society.
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Haynes, Jeffrey. Religion, Nationalism, and Transnational Actors. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.417.
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A proper understanding of the development of nationalism should incorporate the direct and indirect influences of religion. To focus on the current international order is to note that various aspects of international conflict have significantly changed in recent years, with frequent involvement of religious, ethnic, and cultural non-state actors. The type of religious nationalism affects what type of nation state develops. The stronger the religious influence on the national movement, the greater the likelihood that discrimination and human rights violations will occur. In addition, there are scholars who argue that the activities of transnational religious actors—such as the Roman Catholic Church, the Organisation of the Islamic Conference (OIC), and al Qaeda—can undermine state sovereignty. The premise here is that globalization facilitates the growth of transnational networks of religious actors. Feeding off each other’s ideas and perhaps aiding each other with funds, these actors and institutions are bodies whose main priority is the well-being and advance of their transnational religious community. But opinions about the current involvement of religion in international relations and its impact on international order tend to be polarized. On the one hand, the re-emergence of religion in international relations is often seen to present increased challenges to international order, especially from extremist Islamist organizations. On the other hand, some religious actors may help advance international order—for example the Roman Catholic Church and its widespread encouragement to authoritarian regimes to democratize—by significantly affecting international governments.
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Major, Brenda, Janet Tomiyama, and Jeffrey M. Hunger. The Negative and Bidirectional Effects of Weight Stigma on Health. Edited by Brenda Major, John F. Dovidio, and Bruce G. Link. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190243470.013.27.
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This chapter introduces a model describing the mechanisms by which weight stigma can lead to poorer health outcomes among people who are or who perceive themselves to be overweight. It is proposed that enacted weight stigma (discrimination) directly impairs the health of heavier weight individuals by changing the social and material aspects of their lives in ways that are detrimental to health. It is also proposed that perceived weight stigma can lead to social identity threat, which in turn can indirectly impair health by increasing stress and negative emotions, physiological reactivity, calorie intake, and stigma-avoidance behaviors. Finally, it is proposed that weight stigma is bidirectional, in that experiencing weight stigma leads to weight gain or inhibits weight loss through increased eating and other biobehavioral mechanisms, which in turn lead to further stigmatization. Implications for health and recommendations for future research are discussed.
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Chudacoff, Howard P. The Civil Rights Restoration Act and Enforcement of Title IX. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252039782.003.0006.
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This chapter discusses Title IX, the Civil Rights Restoration Act, and gender equity on college sports. The Education Amendments passed by Congress in 1972 included a provision in its Title IX that “no person in the United States shall on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” However, many colleges and universities, whose athletic policies were dominated by male coaches and administrators, dithered on making significant commitments to expand female participation in intercollegiate athletics. In 1987, Congress proposed an act “to restore the broad scope of coverage and to clarify the application of Title IX.” The law, named the Civil Rights Restoration Act, which applied to Title IX and three other civil-rights statutes, would require that any organization or entity that receives federal funds, or indirectly benefits from federal assistance, must abide by laws outlawing discriminatory practices based upon race, religion, color, national origin, age, disability, or gender.