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Indirect Discrimination
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Book Synopsis Foundations of Indirect Discrimination Law by : Hugh Collins
Download or read book Foundations of Indirect Discrimination Law written by Hugh Collins and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies. Cited by Justice Miller in R v Sharma, 2020 ONCA 478, Court of Appeal for Ontario, 24 July 2020; by Justice Abella in Fraser v Canada (Attorney General), 2020 SCC 28, Supreme Court of Canada, 16 October 2020; and by Justice Chandrachud in Nitisha v Union of India, WP(C) No-001109 - 2020, Supreme Court of India, 25 March 2021.
Book Synopsis Indirect Discrimination by : Christa Tobler
Download or read book Indirect Discrimination written by Christa Tobler and published by Intersentia nv. This book was released on 2005 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated habilitation thesis, submitted in 2003 to the Law Faculty of the University of Basel, analysing indirect discrimination in a broad and comparative context. Focuses on the development of the legal concept in EC law and its application in a great number of areas, including internal taxation of goods, freedom of establishment, sex equality, etc. Discusses demarcation issues between direct and indirect discrimination, and applying the concepts in concrete cases.
Book Synopsis Indirect Discrimination in the Workplace by : Rosemary Hunter
Download or read book Indirect Discrimination in the Workplace written by Rosemary Hunter and published by Wm Gaunt & Sons. This book was released on 1992 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: An employer's apparently neutral policies and practices may, perhaps accidentally, certainly unreasonably, exclude women or minority applicants or employees: this is unlawful discrimination.A host of traditional employment practices have been found to fall into this category - height and weight requirements, a last-on-first-off policy, job mobility conditions, even a bus ticketing system; all have fallen foul of equal opportunity legislation.This indirect discrimination legislation is complex and in places highly technical. Its impact and potential is little understood. Rosemary Hunter comprehensively analyses the legislation, State and Federal, private sector and public.She refers extensively to the large body of practice which has grown up in the United States and the United Kingdom. She includes numerous worked examples to show the factual situations which arise and discusses what "legally defensible" employment procedures may involve.
Book Synopsis The Routledge Handbook of the Ethics of Discrimination by : Kasper Lippert-Rasmussen
Download or read book The Routledge Handbook of the Ethics of Discrimination written by Kasper Lippert-Rasmussen and published by Routledge. This book was released on 2017-08-23 with total page 1020 pages. Available in PDF, EPUB and Kindle. Book excerpt: While it has many connections to other topics in normative and applied ethics, discrimination is a central subject in philosophy in its own right. It plays a significant role in relation to many real-life complaints about unjust treatment or unjust inequalities, and it raises a number of questions in political and moral philosophy, and in legal theory. Some of these questions include: what distinguishes the concept of discrimination from the concept of differential treatment? What distinguishes direct from indirect discrimination? Is discrimination always morally wrong? What makes discrimination wrong? How should we eliminate the effects of discrimination? By covering a wide range of topics, and by doing so in a way that does not assume prior acquaintance, this handbook enables the reader to get to grips with the omnipresent issue. The Routledge Handbook of the Ethics of Discrimination is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors the handbook is divided into six main parts: • conceptual issues • the wrongness of discrimination • groups of ‘discriminatees’ • sites of discrimination • causes and means • history of discrimination. Essential reading for students and researchers in applied ethics and political philosophy the handbook will also be very useful for those in related fields, such as law, sociology and politics.
Book Synopsis Migration and Discrimination by : Rosita Fibbi
Download or read book Migration and Discrimination written by Rosita Fibbi and published by Springer Nature. This book was released on 2021-04-08 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access short reader provides a state of the art overview of the discrimination research field, with particular focus on discrimination against immigrants and their descendants. It covers the ways in which discrimination is defined and conceptualized, how it is measured, how it may be theorized and explained, and how it might be combated by legal and policy means. The book also presents empirical results from studies of discrimination across the world to show the magnitude of the problem and the difficulties of comparison across national borders. The concluding chapter engages in a critical discussion of the relationship between discrimination and integration as well as pointing out promising directions for future studies. As such this short reader is a valuable read to undergraduate students, as well as graduate students, scholars, policy makers and the general public.
Book Synopsis Discrimination and Privacy in the Information Society by : Bart Custers
Download or read book Discrimination and Privacy in the Information Society written by Bart Custers and published by Springer Science & Business Media. This book was released on 2012-08-11 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vast amounts of data are nowadays collected, stored and processed, in an effort to assist in making a variety of administrative and governmental decisions. These innovative steps considerably improve the speed, effectiveness and quality of decisions. Analyses are increasingly performed by data mining and profiling technologies that statistically and automatically determine patterns and trends. However, when such practices lead to unwanted or unjustified selections, they may result in unacceptable forms of discrimination. Processing vast amounts of data may lead to situations in which data controllers know many of the characteristics, behaviors and whereabouts of people. In some cases, analysts might know more about individuals than these individuals know about themselves. Judging people by their digital identities sheds a different light on our views of privacy and data protection. This book discusses discrimination and privacy issues related to data mining and profiling practices. It provides technological and regulatory solutions, to problems which arise in these innovative contexts. The book explains that common measures for mitigating privacy and discrimination, such as access controls and anonymity, fail to properly resolve privacy and discrimination concerns. Therefore, new solutions, focusing on technology design, transparency and accountability are called for and set forth.
Book Synopsis Equality, Discrimination and the Law by : Michael Connolly
Download or read book Equality, Discrimination and the Law written by Michael Connolly and published by Routledge. This book was released on 2022-01-06 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: In identifying a number of ‘fuzzy border’ cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of ‘pensionable age’ (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of ‘fuzzy borders’. Starting with the James case, this book investigates a number of ‘fuzzy border’ cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as ‘direct and indirect discrimination are mutually exclusive’ do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.
Book Synopsis A Theory of Discrimination Law by : Tarunabh Khaitan
Download or read book A Theory of Discrimination Law written by Tarunabh Khaitan and published by OUP Oxford. This book was released on 2015-05-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
Book Synopsis Limits and potential of the concept of indirect discrimination by : Christa Tobler
Download or read book Limits and potential of the concept of indirect discrimination written by Christa Tobler and published by . This book was released on 2008 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Discrimination Law and Practice by : Chris Ronalds
Download or read book Discrimination Law and Practice written by Chris Ronalds and published by Federation Press. This book was released on 2012-07-02 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal textbook on the practical application of Australian discrimination law is suitable for all involved in this branch of the law – lawyers, business people, human resources and industrial relations staff, advocates and students. Discrimination Law and Practice examines important recent cases in key areas of discrimination law and particularly in all aspects of employment and harassment, the provision of goods and services and education.
Book Synopsis Discrimination and Disrespect by : Benjamin Eidelson
Download or read book Discrimination and Disrespect written by Benjamin Eidelson and published by Oxford University Press. This book was released on 2015-11-12 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone agrees that discrimination can be a grave moral wrong. Yet this consensus masks fundamental disagreements about what makes something an act of discrimination, as well as precisely why (and hence when) such acts are wrong. In Discrimination and Disrespect, Benjamin Eidelson develops illuminating philosophical answers to these two questions. Discrimination is intrinsically wrong, Eidelson argues, when it manifests disrespect for the personhood of those it disfavours. He offers an original account of what such disrespect amounts to, explaining how attention to two different facets of moral personhood -- equality and autonomy -- ought to guide our judgments about wrongful discrimination. At the same time, however, Eidelson contends that many forms of discrimination are morally impeachable only on account of their contingent effects. The book concludes with a discussion of the moral arguments against racial profiling -- a practice that exemplifies how controversial forms of discrimination can be morally wrong without being intrinsically so.
Book Synopsis Foundations of Indirect Discrimination Law by : Hugh Collins
Download or read book Foundations of Indirect Discrimination Law written by Hugh Collins and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies. Cited by Justice Miller in R v Sharma, 2020 ONCA 478, Court of Appeal for Ontario, 24 July 2020; by Justice Abella in Fraser v Canada (Attorney General), 2020 SCC 28, Supreme Court of Canada, 16 October 2020; and by Justice Chandrachud in Nitisha v Union of India, WP(C) No-001109 - 2020, Supreme Court of India, 25 March 2021.
Author :National Academies of Sciences, Engineering, and Medicine Publisher :National Academies Press ISBN 13 :0309439124 Total Pages :171 pages Book Rating :4.3/5 (94 download)
Book Synopsis Ending Discrimination Against People with Mental and Substance Use Disorders by : National Academies of Sciences, Engineering, and Medicine
Download or read book Ending Discrimination Against People with Mental and Substance Use Disorders written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2016-09-03 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.
Book Synopsis Measuring Racial Discrimination by : National Research Council
Download or read book Measuring Racial Discrimination written by National Research Council and published by National Academies Press. This book was released on 2004-07-24 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.
Book Synopsis Equality, Diversity and Discrimination by : Lynda A. C. Macdonald
Download or read book Equality, Diversity and Discrimination written by Lynda A. C. Macdonald and published by CIPD Publishing. This book was released on 2004 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides an insight into all types of unlawful discrimination in Britain, including the new areas of sexual orientation and religion implemented in December 2003.
Book Synopsis Indirect Discrimination by : Deirdre Gill
Download or read book Indirect Discrimination written by Deirdre Gill and published by . This book was released on 1986 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Born Free and Equal? by : Kasper Lippert-Rasmussen
Download or read book Born Free and Equal? written by Kasper Lippert-Rasmussen and published by Oxford University Press. This book was released on 2014 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text addresses these three issues: What is discrimination? What makes it wrong?; What should be done about wrongful discrimination? It argues that there are different concepts of discrimination; that discrimination is not always morally wrong and that when it is, it is so primarily because of its harmful effects.