Equality, Discrimination and the Law

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Author :
Publisher : Routledge
ISBN 13 : 100045360X
Total Pages : 195 pages
Book Rating : 4.0/5 (4 download)

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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.

Rights Gone Wrong

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Publisher : Macmillan + ORM
ISBN 13 : 1429969253
Total Pages : 283 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Rights Gone Wrong by : Richard Thompson Ford

Download or read book Rights Gone Wrong written by Richard Thompson Ford and published by Macmillan + ORM. This book was released on 2011-10-25 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Notable Book for 2011 Since the 1960s, ideas developed during the civil rights movement have been astonishingly successful in fighting overt discrimination and prejudice. But how successful are they at combating the whole spectrum of social injustice-including conditions that aren't directly caused by bigotry? How do they stand up to segregation, for instance-a legacy of racism, but not the direct result of ongoing discrimination? It's tempting to believe that civil rights litigation can combat these social ills as efficiently as it has fought blatant discrimination. In Rights Gone Wrong, Richard Thompson Ford, author of the New York Times Notable Book The Race Card, argues that this is seldom the case. Civil rights do too much and not enough: opportunists use them to get a competitive edge in schools and job markets, while special-interest groups use them to demand special privileges. Extremists on both the left and the right have hijacked civil rights for personal advantage. Worst of all, their theatrics have drawn attention away from more serious social injustices. Ford, a professor of law at Stanford University, shows us the many ways in which civil rights can go terribly wrong. He examines newsworthy lawsuits with shrewdness and humor, proving that the distinction between civil rights and personal entitlements is often anything but clear. Finally, he reveals how many of today's social injustices actually can't be remedied by civil rights law, and demands more creative and nuanced solutions. In order to live up to the legacy of the civil rights movement, we must renew our commitment to civil rights, and move beyond them.

Marriage Equality

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Publisher : Yale University Press
ISBN 13 : 0300221819
Total Pages : 1041 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Marriage Equality by : William N. Eskridge, Jr.

Download or read book Marriage Equality written by William N. Eskridge, Jr. and published by Yale University Press. This book was released on 2020-08-18 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.

Polling Matters

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Publisher : Grand Central Publishing
ISBN 13 : 0759511764
Total Pages : 205 pages
Book Rating : 4.7/5 (595 download)

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Book Synopsis Polling Matters by : Frank Newport

Download or read book Polling Matters written by Frank Newport and published by Grand Central Publishing. This book was released on 2004-07-30 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: From The Gallup Organization-the most respected source on the subject-comes a fascinating look at the importance of measuring public opinion in modern society. For years, public-opinion polls have been a valuable tool for gauging the positions of American citizens on a wide variety of topics. Polling applies scientific principles to understanding and anticipating the insights, emotions, and attitudes of society. Now in POLLING MATTERS: Why Leaders Must Listen to the Wisdom of the People, The Gallup Organization reveals: What polls really are and how they are conducted Why the information polls provide is so vitally important to modern society today How this valuable information can be used more effectively and more...

The Principle of Equality in EU Law

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Author :
Publisher : Springer
ISBN 13 : 331966137X
Total Pages : 322 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis The Principle of Equality in EU Law by : Lucia Serena Rossi

Download or read book The Principle of Equality in EU Law written by Lucia Serena Rossi and published by Springer. This book was released on 2017-11-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law.

United States Code

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Publisher :
ISBN 13 :
Total Pages : 1506 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Equality

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 178225501X
Total Pages : 292 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Equality by : Bob Hepple

Download or read book Equality written by Bob Hepple and published by Bloomsbury Publishing. This book was released on 2014-10-16 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first four years of its implementation by the Coalition Government and in the courts. This includes an assessment of amendments to the legislation, the reduction in the powers and budget of the Equality and Human Rights Commission and the imposition of tribunal fees, as well as a discussion of possible future directions of equality law and policy. From the Foreword to the first edition by Lord Lester of Herne Hill QC 'This is no ordinary law book, and its author is no ordinary lawyer. The book, like the Equality Act 2010 which it describes and discusses, is a major landmark in the long struggle for effective legal protection of equal rights and equal treatment without direct or indirect discrimination. It places the law in its political, economic and social context and traces its often contested and controversial legal history...'.

Rights on Trial

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Publisher : University of Chicago Press
ISBN 13 : 022646685X
Total Pages : 366 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Rights on Trial by : Ellen Berrey

Download or read book Rights on Trial written by Ellen Berrey and published by University of Chicago Press. This book was released on 2017-06-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

Personalized Law

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Publisher : Oxford University Press
ISBN 13 : 0197522831
Total Pages : 257 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Personalized Law by : Omri Ben-Shahar

Download or read book Personalized Law written by Omri Ben-Shahar and published by Oxford University Press. This book was released on 2021-05-17 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.

Making Comparisons in Equality Law

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Publisher : Cambridge University Press
ISBN 13 : 1108903924
Total Pages : 395 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Making Comparisons in Equality Law by : Robin Allen

Download or read book Making Comparisons in Equality Law written by Robin Allen and published by Cambridge University Press. This book was released on 2020-10-08 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to rebalance the relationship between comparison and justification to achieve more effective equality and non-discrimination law. As one of the most distinguished equality lawyers of his generation, having appeared in over 40 cases in the House of Lords and the Supreme Court and many leading cases in the Court of Justice, Robin Allen QC is well placed to explore this critical issue. He shows how the principle of equality is nothing if not founded on apt comparisons. By examining the changing way men and women's work has been compared over the last 100 years he shows the importance of understanding the framework for comparison. With these insights, he addresses contemporary problems of age discrimination and conflict of equality rights.

Equality in Education Law and Policy, 1954-2010

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Publisher : Cambridge University Press
ISBN 13 : 1107016924
Total Pages : 279 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Equality in Education Law and Policy, 1954-2010 by : Benjamin M. Superfine

Download or read book Equality in Education Law and Policy, 1954-2010 written by Benjamin M. Superfine and published by Cambridge University Press. This book was released on 2013-03-11 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how the concept of equality in education law and policy has transformed from Brown v. Board of Education through the Stimulus.

Mere Civility

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Publisher : Harvard University Press
ISBN 13 : 0674545494
Total Pages : 285 pages
Book Rating : 4.6/5 (745 download)

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Book Synopsis Mere Civility by : Teresa M. Bejan

Download or read book Mere Civility written by Teresa M. Bejan and published by Harvard University Press. This book was released on 2017-01-02 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: In liberal democracies committed to tolerating diversity as well as disagreement, the loss of civility in the public sphere seems critical. But is civility really a virtue, or a demand for conformity that silences dissent? Teresa Bejan looks at early modern debates about religious toleration for answers about what a civil society should look like.

Equal in Law, Unequal in Fact

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004217053
Total Pages : 455 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Equal in Law, Unequal in Fact by : Timo Makkonen

Download or read book Equal in Law, Unequal in Fact written by Timo Makkonen and published by Martinus Nijhoff Publishers. This book was released on 2012-01-05 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the causes, forms and consequences of racial discrimination as well as the international and European legal responses thereto. It explains why the law fails to eliminate discrimination and suggests ways forward.

Equality and Discrimination

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Author :
Publisher : Jordan Publishing (GB)
ISBN 13 : 9781846612015
Total Pages : 0 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Equality and Discrimination by : Brian John Doyle

Download or read book Equality and Discrimination written by Brian John Doyle and published by Jordan Publishing (GB). This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The domestic law concerning discrimination is currently contained in five separate Acts and four sets of principal regulations, reflecting no less than six main EU Directives. The Equality Act 2010 will harmonise the law relating to equality and discrimination, and will replace all existing anti- discrimination law once in force. The Act contains a number of provisions to support progress on equality, by: * introducing a public sector duty regarding socio-economic inequalities * empowering ministers to add caste to the definition of race * prohibiting discrimination arising from disability and outlawing enquiries about disability and health * extending indirect discrimination to disability * introducing combined discrimination based on dual characteristics * dealing with reasonable adjustments to common parts of premises * creating new rights to claim equal pay as a form of direct sex or dual discrimination where there is no identifiable male comparator * rendering it unlawful to prohibit colleagues from talking about terms of employment with a view to checking whether there is prohibited discrimination * allowing political parties to take proportionate action in selection arrangements to address under-representation in elected bodies and requiring them to publish anonymised information on the diversity of candidate selections * extending the public sector equality duty to gender reassignment, age, religion or belief, and sexual orientation * extending the permitted use of positive action to all protected characteristics, and to recruitment and promotion * defining relevant types of work to which an equality clause or rule apply * recognising the reduction of pay inequality as a legitimate part of the material factor defence * enabling claims of direct sex discrimination or dual discrimination in relation to contractual pay in the absence of a comparator doing equal work * ensuring that there is greater transparency and dialogue within workplaces about pay * requiring private and voluntary sector employers of 250+ employees to publish information about gender-based pay differences * ensuring licensing authorities cannot refuse licences to wheelchair accessible vehicles on the grounds of controlling taxi numbers * excepting charities benefiting only people of the same age group or with the same disability * allowing exceptions from age discrimination in the provision of services and the exercise of public functions * reforming the law on family property and civil partnerships * ensuring the future harmonisation of the areas of the Act covered by EU law and those that are domestic in origin * making new provisions affecting information society services Equality and Discrimination - The New Law provides a thorough and practical analysis of the new Act, and places it in the context of the old law and suggests how the new law is likely to work in practice. It will be essential reading for all lawyers and professional advisers dealing with employment and discrimination matters, as well as central and local government departments; schools, colleges and universities and their users; private clubs and other associations; and transport providers. The full text of the Act is reproduced in full.

Posting of Workers in EU Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528648
Total Pages : 547 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Posting of Workers in EU Law by : Matteo Bottero

Download or read book Posting of Workers in EU Law written by Matteo Bottero and published by Kluwer Law International B.V.. This book was released on 2020-12-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

Employment Discrimination Law

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1080 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Employment Discrimination Law by : Robert Belton

Download or read book Employment Discrimination Law written by Robert Belton and published by West Academic Publishing. This book was released on 2004 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting the dominate theme of workplace equality, the authors go beyond this general consensus to affirm that the fundamental purpose of laws prohibiting employment discrimination is to implement the national civil rights policy. Organized around an examination of the reach and limits of laws, the book scrutinizes the federal statutory protection against employment discrimination. Constitutional provisions and state laws are included where appropriate. In addition, this new edition extensively uses scholarship drawn from the work of critical race theorists and feminist legal scholars. It also has materials on the law and economics approach to employment discrimination.

Disability and Equality Law

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Author :
Publisher : Routledge
ISBN 13 : 1351569384
Total Pages : 577 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Disability and Equality Law by : ElizabethF. Emens

Download or read book Disability and Equality Law written by ElizabethF. Emens and published by Routledge. This book was released on 2017-07-05 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary collection of essays addresses the theoretical, practical and legal dimensions of equality for persons with disabilities. The issues covered include the central problem of defining disability and impairment; the dilemma of same versus different treatment; the balance between autonomy and external influence and support; linkages to other anti-discrimination categories such as race and sex; the place of disability theory within identity politics; and issues of life, death, and our most intimate relationships. The articles reflect a wealth of international viewpoints and interdisciplinary areas which include philosophy, economics, memoirs, cultural studies, empirical studies and legal scholarship. The selection also includes classic texts which set out foundational ideas such as the social model of disability or the goal of integration, alongside essays that critique these conceptual mainstays. This volume brings into sharp focus a wide range of contentious and complex issues in the field of disability studies and is of interest to researchers and students from a wide range of fields.