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Author: Michael Connolly
Publisher: Routledge
ISBN: 9781003187547
Category : Law
Languages : en
Pages : 226
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Book Description
"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. Michael Connolly is a Reader in Law at the University of Portsmouth, UK, who specialises in Equality Law. He also serves on the Equality, Diversity and Inclusion Committee of the Society of Legal Scholars, and the London Management Committee of the Commonwealth Legal Education Association"--
Author: Michael Connolly
Publisher: Routledge
ISBN: 9781003187547
Category : Law
Languages : en
Pages : 226
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Book Description
"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. Michael Connolly is a Reader in Law at the University of Portsmouth, UK, who specialises in Equality Law. He also serves on the Equality, Diversity and Inclusion Committee of the Society of Legal Scholars, and the London Management Committee of the Commonwealth Legal Education Association"--
Author: Beth Gaze
Publisher: Cambridge University Press
ISBN: 1107432251
Category : Law
Languages : en
Pages : 361
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Book Description
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.
Author: Nicholas Smith
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409428435
Category : Law
Languages : en
Pages : 244
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Book Description
Basic Equality and Discrimination examines the justification, interpretation and application of discrimination law. In order to navigate the often dense and conflicted jurisprudence in this area, the work first considers equality as a moral and political concept, thus providing a clearer understanding of the nature of the value - equality - and illustrating the nature of the difficulties posed by constitutional and ordinary 'equality law'.
Author: Brian John Doyle
Publisher: Jordan Publishing (GB)
ISBN: 9781846612015
Category : Discrimination
Languages : en
Pages : 0
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Book Description
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.
Author: Andrew Koppelman
Publisher: Yale University Press
ISBN: 9780300077254
Category : Law
Languages : en
Pages : 292
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Book Description
Arguing that although it is not the role of a liberal state to shape its citizens' beliefs, this work suggests that a moral code for the prevention of discrimination is needed. The text responds to objections to discrimination law from liberal theory, and outlines the moral principles it posits.
Author: Paul Harpur
Publisher: Cambridge University Press
ISBN: 1108210570
Category : Political Science
Languages : en
Pages : 363
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Book Description
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.
Author: Robert Belton
Publisher: West Academic Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 1080
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Book Description
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.
Author: Warwick Alexander McKean
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 352
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Book Description
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.
Author: Stephanie Farrior
Publisher: Routledge
ISBN: 1351568027
Category : Political Science
Languages : en
Pages : 1003
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Book Description
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.
Author: Michael Connolly
Publisher:
ISBN: 9780414046061
Category : Discrimination
Languages : en
Pages : 0
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Book Description
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.
