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Author: Alysia Blackham
Publisher: Oxford University Press
ISBN: 0192603051
Category : Law
Languages : en
Pages : 401
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Book Description
Age is a critical issue for labour market policy. Both younger and older workers experience significant challenges at work. Despite the introduction of age discrimination laws, ageism remains prevalent. Reforming Age Discrimination Law offers a roadmap for the future development of age discrimination law in common law countries, to better address workplace ageism. Drawing on theoretical, doctrinal, and empirical legal scholarship, and comparative perspectives from the United Kingdom, Australia, and Canada, the book provides a socio-legal critique of existing age discrimination laws and their enforcement and proposes concrete suggestions for legal reform and change. Building on legal and interdisciplinary insights, it examines the challenges and limitations of existing legal frameworks and the individual enforcement model for addressing age discrimination in employment. It also maps the stages of claiming, negotiation, or alternative dispute resolution, and hearing and judgment, using mixed-method case studies of the enforcement of age discrimination law in the United Kingdom and Australia. This volume puts forward a four-fold model of reform which aims to improve the individual enforcement model, strengthen positive equality duties, bolster the roles of statutory equality agencies, and enhance collective enforcement. It goes on to critically consider how these options might address the limits of existing laws, and the practical measures necessary to ensure their success and to move beyond the individual enforcement of age discrimination law.
Author: Alysia Blackham
Publisher: Oxford University Press
ISBN: 0198859287
Category :
Languages : en
Pages : 401
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Book Description
Age is a critical issue for labour market policy. Both younger and older workers experience significant challenges at work. Despite the introduction of age discrimination laws, ageism remains prevalent. Reforming Age Discrimination Law offers a roadmap for the future development of age discrimination law in common law countries, to better address workplace ageism. Drawing on theoretical, doctrinal, and empirical legal scholarship, and comparative perspectives from the United Kingdom, Australia, and Canada, the book provides a socio-legal critique of existing age discrimination laws and their enforcement and proposes concrete suggestions for legal reform and change. Building on legal and interdisciplinary insights, it examines the challenges and limitations of existing legal frameworks and the individual enforcement model for addressing age discrimination in employment. It also maps the stages of claiming, negotiation, or alternative dispute resolution, and hearing and judgment, using mixed-method case studies of the enforcement of age discrimination law in the United Kingdom and Australia. This volume puts forward a four-fold model of reform which aims to improve the individual enforcement model, strengthen positive equality duties, bolster the roles of statutory equality agencies, and enhance collective enforcement. It goes on to critically consider how these options might address the limits of existing laws, and the practical measures necessary to ensure their success and to move beyond the individual enforcement of age discrimination law.
Author: Alysia Blackham
Publisher:
ISBN: 9780191891724
Category : Age discrimination
Languages : en
Pages : 0
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Book Description
This book offers a roadmap for the future development of age discrimination law in common law countries to better address workplace ageism. It critically considers how the suggested four-fold model of reform might address the limits of existing laws and the practical measures necessary to ensure their success.
Author:
Publisher: Oxford University Press
ISBN: 0192697579
Category : Law
Languages : en
Pages : 961
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Book Description
At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.
Author: Associate Professor in International Human Rights Law Shreya Atrey
Publisher: Oxford University Press
ISBN: 0192872990
Category : Law
Languages : en
Pages : 401
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Book Description
This thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for 'exponential inequalities' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have a rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010. Exponential Inequalities offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency. Written by a team of internationally recognized experts, Exponential Inequalities provides a comparative perspective on the functioning of equality laws across a range of contexts and jurisdictions and represents an essential read for scholars and policy makers alike.
Author: Stephen McNair
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 148
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Book Description
Author: Gabrielle Appleby
Publisher: Oxford University Press, USA
ISBN: 9780195525656
Category : Public law
Languages : en
Pages : 0
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Book Description
Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.
Author: Alysia Blackham
Publisher: BRILL
ISBN: 9004380493
Category : Law
Languages : en
Pages : 72
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Book Description
In Empirical Research and Workplace Discrimination Law, part of the series Comparative Discrimination Law, Alysia Blackham offers a succinct comparative survey of empirical research that is occurring in workplace discrimination law, across jurisdictions such as the United States of America, the United Kingdom, Canada, Australia and New Zealand. Drawing on case studies of existing scholarship, Alysia Blackham offers both a rationale for conducting empirical research in this area, and methodological options for researchers considering empirical work. Using examples from case law and public policy, Alysia Blackham considers the impact that empirical research is having on discrimination law and policy, and highlights fundamental gaps in existing empirical scholarship. Other titles published in this series: - Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447 - International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461 - Age as a Protected Ground, Lucy Vickers; isbn 9789004345539 - Sexual Orientation and Gender Identity Discrimination, Holning Lau; isbn 9789004345485 - Racial Discrimination, Tanya Katerà Hernández; isbn 9789004345942
Author: Tarunabh Khaitan
Publisher: OUP Oxford
ISBN: 0191066389
Category : Political Science
Languages : en
Pages : 393
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Book Description
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.
Author: Mark Bell
Publisher: Oxford University Press
ISBN: 0198873751
Category :
Languages : en
Pages : 241
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Book Description
Catholic Social Teaching and Labour Law explores the contribution that religious ethics makes to debates on justice in working life. Many faiths include beliefs about the significance of work to human development and the need for work to be performed under conditions that uphold dignity, equality, and solidarity . This book considers how the substantive provisions of labour law reflect prior ethical choices about how workers should be treated, and how beliefs from Catholicism influence these. This book provides a thorough account of the principles found in Catholic Social Teaching (CST), and how these impact human work and labour rights . It tests the contemporary relevance of its principles by applying them to current debates, using EU labour law as a case study. Specifically, it examines CST on the right to a just wage, the right to rest, worker participation, and equality and discrimination. The book finds that CST offers fresh insights on long-standing injustices in the labour market, such as low wages or poor working conditions, and also sheds light on emerging challenges such as ensuring rest in an era of digital connectivity. The book recognizes that tensions arise in areas where the Church's beliefs diverge from those that prevail in a secular understanding of human rights. This is particularly evident in debates relating to equality. It concludes that faith-based perspectives should be included in pluralistic dialogue on the future of labour law.
Author: Ingrid Landau
Publisher: Oxford University Press
ISBN: 0198876068
Category :
Languages : en
Pages : 241
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Book Description
Human rights due diligence (HRDD) has emerged as a dominant frame through which to conceptualise and operationalise responsible business conduct with respect to workers' rights in global supply chains. Legislation mandating HRDD is now found in several European countries and across various national regulatory agendas. Many scholars, practitioners, and activists are actively calling for further legalisation, believing that this will broaden respect for human rights. Yet to date, there has been little sustained scholarly analysis from a labour rights perspective. Observing that HRDD, as originally articulated in the UN Guiding Principles on Business and Human Rights, is open to multiple interpretations, this book examines global debates on the role and status of the concept. It also considers the implications of HRDD's ascension for transnational labour law as a distinct field of law, scholarship, and activism. Combining insights from transnational governance and business regulation with empirical analysis, this book argues that HRDD is not being institutionalised at either the global or national level in a way that renders it a transformative or even robust mechanism of transnational labour law. It also draws attention to the important, but largely overlooked, ways in which the rise of HRDD is leading to subtle shifts in the configuration of actors and institutions in labour governance.
