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.
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.
Download or read book Comparative Equality and Anti Discrimination Law Third Edition written by David B. Oppenheimer and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world.
Download or read book Equality and Discrimination Law in Australia An Introduction written by Beth Gaze and published by Cambridge University Press. This book was released on 2016-11-24 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equality and Discrimination Law in Australia: An Introduction adopts a groundbreaking approach in its delivery of equality and discrimination law principles. It analyses equality as a goal of the law, and acknowledges that to prevent discrimination modern laws must challenge the beliefs, practices, systems and structures that enable it.
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.
Download or read book Discrimination Copyright and Equality written by Paul Harpur and published by Cambridge University Press. This book was released on 2017-04-03 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.
Download or read book Basic Equality and Discrimination written by Dr Nicholas Mark Smith and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this book is the idea of equality as a moral, political and jurisprudential concept. The author is motivated primarily by a concern to better understand conundrums in the justification, interpretation and application of discrimination law. Nicholas Smith aims to provide a clearer understanding of the nature of the value that the law is trying to uphold - equality. He rejects the notion that the concept of equality is vacuous and defends the idea as the proper range of moral concern. After discussing the general characteristics of the denial of equality and some types of discrimination, Smith considers prominent views on the point of equality law. He argues that human rights lawyers should step back from the business of trying to steer courts towards vague equality goals informed by conceptions of equality that are either empty or even more abstract than the notion of equality itself. If they do, Smith thinks that the meaning of 'equality' will be apparent, though abstract, and our difficulties will be shown to be, in the first instance, moral ones. These moral issues will require more rigorous attention before we can draft discrimination law which gives clear effect to a widely legitimate understanding of what it means to uphold and promote equality. This book will be a valuable resource for students and researchers working in the areas of legal philosophy, political theory, public law, and human rights law.
Download or read book Equality and Non Discrimination under International Law written by Stephanie Farrior and published by Routledge. This book was released on 2017-07-05 with total page 1003 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principles of equality and non-discrimination lie at the heart of international human rights law. They are the only human rights explicitly included in the UN Charter and they appear at the beginning of virtually every major human rights instrument. This volume contains selected works by leading authors on the subject of equality and non-discrimination under international law. The selections are grouped into four sections. The first presents essays that explore theoretical concepts of equality and non-discrimination. The next addresses the development of international legal standards on the subject. The third presents articles analyzing how those standards have been interpreted and applied by UN and regional human rights bodies, and the last contains works on what measures besides legal action States are to take to in order to achieve equality and non-discrimination.
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...'.
Download or read book European Union Non Discrimination Law written by Dagmar Schiek and published by Routledge. This book was released on 2009-06-02 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU equality law is multidimensional in being based on different rationales and concepts. Consequently, the concept of discrimination has become fragmented, with different instruments envisaging different scopes of protection. This raises questions as to the ability of EU law to address the situation of persons excluded on a number of grounds. This edited collection addresses the increasing complexity of European Equality Law from jurisprudential, sociological and political science perspectives. Internationally renowned researchers from Scandinavian, Continental and Central European countries and Britain analyse consequences of multiplying discrimination grounds within EU equality law, considering its multidimensionality and intersectionality. The contributors to the volume theorise the move from formal to substantive equality law and its interrelation to new forms of governance, demonstrating the specific combination of non-discrimination law with welfare state models which reveal the global implications of the European Union. The book will be of interest to academics and policy makers all over the world, in particular to those researching and studying law, political sciences and sociology with an interest in human rights, non discrimination law, contract and employment law or European studies.
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.
Download or read book Discrimination Law written by Michael Connolly and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides in-depth and accessible guidance on discrimination law. It covers the UK and EU with comparisons to the US, Canada and Australia, and analyses the different theories and definitions of what is classed as discrimination.
Download or read book Equality and Non Discrimination in the EU written by Giovanni Zaccaroni and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.
Download or read book Employment Discrimination Law written by George Rutherglen and published by . This book was released on 2001 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law school casebook intended as an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. As much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers.
Download or read book Equality and Discrimination Under International Law written by Warwick Alexander McKean and published by Oxford University Press, USA. This book was released on 1983 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: History of discrimination and equal opportunity under international law - discusses replacement of minority group protection by human rights; covers racial discrimination, sex discrimination, language discrimination and religious discrimination; examines role of UN and specialized agencies, role of ILO and ILO Conventions, judicial decisions, etc.
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.
Download or read book Equality and Anti Discrimination Law written by Mark Butler and published by Spiramus Press Ltd. This book was released on 2016-01-04 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equality and Anti-Discrimination Law covers The Equality Act 2010 and other anti-discrimination protections both within the UK legislation and in the context of EU law. The UK’s approach to ensuring equality for the workforce is notoriously difficult to navigate, with various aspects of protection being contained and discussed across a range of statutory and non-statutory instruments. Although the Equality Act 2010 is often viewed as central to the equality laws of the UK, there are other key areas that must also be borne in mind, including atypical worker protection and family friendly regulation: each of these are discussed to sufficient detail to enable the reader to gain a working understanding of how each operates. In considering each of these key areas this text attempts to decipher and navigate each of them with the end user in mind. The protections, and the thresholds that need to be satisfied to acquire the protections, are broken down into their constituent parts and analysed using key case law and relevant codes of practices with a view to ensuring that their practical use is understood by the reader. Through adopting this approach the book ensures that the reader gets to grips with key concepts that protect on an equality footing. The text takes account of case law from both UK courts, and European Courts where this is needed. This helps show the interaction that UK and EU law has in the area of equality law, and that the systems are interdependent to some extent. For those wishing to go beyond the simple practical application of the law the text touches upon a number of academic debates that exist in the area of equality law, to further stimulate those with an interest in the law, but further to highlight some of the perceived weaknesses that exist with the UK’s current approach to equality protection, and whets the appetite for further discussion.
