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.
Download or read book Foundations of Employment Discrimination Law written by John J. Donohue and published by Oxford University Press, USA. This book was released on 1997 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Employment Discrimination Law, part of the Interdisciplinary Readers in Law Series, looks at the moral and philosophical issues of employment and discrimination, featuring readings from Isaiah Berlin, Owen Fiss, and Milton Friedman. It covers the general development of the law, and devotes a section each to race discrimination, sex discrimination, and age and disability discrimination. Within each section Donohue considers the theories, economic issues, and the impact of the law, and includes a selection of critical perspectives
Download or read book Philosophical Foundations of Discrimination Law written by Deborah Hellman and published by . This book was released on 2013-10 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.
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.
Download or read book Foundations of Employment Discrimination Law written by John J. Donohue (III) and published by . This book was released on 2003 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Theory of Discrimination Law written by Tarunabh Khaitan and published by OUP Oxford. This book was released on 2015-05-22 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.
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.
Download or read book Non Discrimination Law Comparative Perspectives written by Rodrigues and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection, which stems from the International Conference on Comparative Non-Discrimination Law held at Utrecht, The Netherlands, in June 1998, covers both the general aspects of equality and non-discrimination law (Part I), as well as the specific grounds for discrimination, adverse impact or indirect discrimination, and affirmative action (Part II). Part III discusses diverse aspects of the enforcement of non-discrimination law; Part IV contains conclusions and an agenda for change. This book is unique in that it both provides a comparative view of anti-discrimination law in theory and practice, and looks at a wide range of grounds for discrimination, such as gender, race, religion and health. Its comparative and international approach renders this publication not only of interest to civil rights lawyers, but to all those engaged in human rights and comparative law.
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 304 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.
Download or read book Discrimination written by B. A. Hepple and published by Burns & Oates. This book was released on 1992 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of 23 essays by leading experts. They explore the aims and limits of law in regulating discrimination.
Download or read book Discrimination Law written by Janet Dine and published by Gaunt. This book was released on 1996 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Objectivity - Bob Watt
Download or read book Discrimination and Employment Law written by Jo Carby-Hall and published by Taylor & Francis. This book was released on 2022-12-14 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the issues of discrimination in employment in a multifaceted manner, this book examines the standards on anti-discrimination law for employment at international and EU levels and those deriving from national jurisdictions. Bringing together top scholars in the field of anti-discrimination employment law, this book explains the conceptual and theoretical foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges in the Netherlands, Poland, Germany, the UK, Australia, New Zealand, Canada, India, Switzerland and Israel. Identifying emerging trends in anti-discrimination employment law, this book offers a comparative, problem-solving approach and an in-depth analysis of new developments in both anti-discrimination statutory law and case law. Addressing employment law with a focus on anti-discrimination law and human rights law, this book will be essential reading for students, academics and practitioners working in the fields of labour and employment law, anti-discrimination law and human rights law and offers an international comparative overview of the most up-to-date issues relating to discrimination.
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.
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 Discrimination Law and Practice written by Chris Ronalds and published by . This book was released on 2008 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new 3rd edition is entirely updated and includes all major cases since 2004. A selection of reviews of the previous editions (see below) clearly outline the publications immeasurable value, concise approach and instructive nature.The important High Court decisions on the definition of direct discrimination - Purvis v State of New South Wales (Department of Education and Training) (2003) 217 CLR 92 - on the definition of indirect discrimination - State of New South Wales v Amery (2006) 226 ALR 196 - and all major decisions applying those cases are analysed.The developments in the key areas of employment, education, harassment and victimization are all addressed. Additionally trends in the remedies being awarded and the level of monetary damages granted to successful applicants are also analysed.The impact of changes in the federal industrial relations arena and the developments in the intersection between discrimination law and industrial law and the use of discrimination law principles in unfair dismissal cases are also examined.
Download or read book Faces of Inequality written by Sophia Moreau and published by Oxford University Press, USA. This book was released on 2020 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society. The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive, but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.
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.
