Discrimination Law

Author : Tarunabh Khaitan
Publisher : OUP Oxford
Page : 272 pages
File Size : 45,7 Mb
Release : 2015-05-21
Category : Political Science
ISBN : 9780191066382

Get Book

A Theory of Discrimination Law by Tarunabh Khaitan Pdf

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 : Robert G. Schwemm
Publisher : C. Boardman
Page : 892 pages
File Size : 47,9 Mb
Release : 1990
Category : Discrimination in housing
ISBN : STANFORD:36105043517833

Get Book

Housing Discrimination by Robert G. Schwemm Pdf

Author : Denise L. Souza
Publisher : Unknown
Page : 128 pages
File Size : 54,7 Mb
Release : 2019
Category : Discrimination
ISBN : 9888601296

Get Book

Butterworths Hong Kong Discrimination Law Handbook by Denise L. Souza Pdf

Author : Marie Mercat-Bruns
Publisher : Univ of California Press
Page : 387 pages
File Size : 49,8 Mb
Release : 2016-02-22
Category : Social Science
ISBN : 9780520283800

Get Book

Discrimination at Work by Marie Mercat-Bruns Pdf

Consists of interviews with American professors.

Author : Michael Connolly
Publisher : Routledge
Page : 0 pages
File Size : 42,9 Mb
Release : 2024
Category : Law
ISBN : 1032034866

Get Book

Equality, Discrimination, and the Law by Michael Connolly Pdf

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.

Author : Deborah Hellman,Sophia Moreau
Publisher : Philosophical Foundations of L
Page : 306 pages
File Size : 48,7 Mb
Release : 2013-10
Category : Law
ISBN : 9780199664313

Get Book

Philosophical Foundations of Discrimination Law by Deborah Hellman,Sophia Moreau Pdf

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.

Author : Chris Ronalds,Elizabeth Raper
Publisher : Federation Press
Page : 305 pages
File Size : 47,8 Mb
Release : 2012-07-02
Category : Business & Economics
ISBN : 9781862878822

Get Book

Discrimination Law and Practice by Chris Ronalds,Elizabeth Raper Pdf

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.

Author : Evelyn Ellis,Philippa Watson
Publisher : OUP Oxford
Page : 576 pages
File Size : 47,5 Mb
Release : 2012-11-29
Category : Law
ISBN : 9780191649462

Get Book

EU Anti-Discrimination Law by Evelyn Ellis,Philippa Watson Pdf

EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of European Union law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and contains a thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law and their relevancy to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing Directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively and in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.

Author : Dr Anne-Marie Mooney Cotter
Publisher : Ashgate Publishing, Ltd.
Page : 371 pages
File Size : 49,8 Mb
Release : 2013-02-28
Category : Social Science
ISBN : 9781409497585

Get Book

Class Act by Dr Anne-Marie Mooney Cotter Pdf

Even today, class discrimination remains an important global legal issue. This book allows readers a better understanding of the issue of class discrimination and inequality, including the role of education in bridging the class systems. The study seeks to increase the likelihood of achieving equality at both the national and international levels for those suffering class discrimination as the international population becomes increasingly educated, looking at the primary role of legislation, which has an impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. By providing a detailed examination of the relationship between class and education as they relate to the law, the book will be an important read for those concerned with equality.

Author : Colleen Sheppard
Publisher : Delve Books
Page : 128 pages
File Size : 48,7 Mb
Release : 2021-11-15
Category : Electronic
ISBN : 1552215377

Get Book

Discrimination Stories by Colleen Sheppard Pdf

Discrimination Stories: Exclusion, Law, and Everyday Life explores diverse legal cases brought before courts and human rights tribunals to help us understand the development of anti-discrimination law in Canada. The cases take us into -- and teach us about -- the concrete realities of inequality in everyday life.

Author : Iyiola Solanke
Publisher : Bloomsbury Publishing
Page : 183 pages
File Size : 42,6 Mb
Release : 2016-12-29
Category : Law
ISBN : 9781782256373

Get Book

Discrimination as Stigma by Iyiola Solanke Pdf

This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

Author : Ellen Berrey,Robert L. Nelson,Laura Beth Nielsen
Publisher : University of Chicago Press
Page : 366 pages
File Size : 54,8 Mb
Release : 2017-06-22
Category : Law
ISBN : 9780226466859

Get Book

Rights on Trial by Ellen Berrey,Robert L. Nelson,Laura Beth Nielsen Pdf

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.

Author : Anna Lawson
Publisher : Routledge
Page : 423 pages
File Size : 48,6 Mb
Release : 2016-07-22
Category : Law
ISBN : 9781317139201

Get Book

European Union Non-Discrimination Law and Intersectionality by Anna Lawson Pdf

This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

Author : Iyiola Solanke
Publisher : Routledge
Page : 258 pages
File Size : 55,5 Mb
Release : 2009
Category : Law
ISBN : 9780415467803

Get Book

Making Anti-racial Discrimination Law by Iyiola Solanke Pdf

Taking a comparative approach this book examines the evolution of anti-racial discrimination law from a socio-legal perspective. The book focuses primarily on Great Britain and Germany but also demonstrates how national politics feeds into EU policy.

Author : Susan Chapman
Publisher : Unknown
Page : 128 pages
File Size : 46,5 Mb
Release : 2017-03
Category : Electronic
ISBN : 043349249X

Get Book

Understanding Discrimination in Employment Law by Susan Chapman Pdf