Indirect Discrimination
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Indirect Discrimination
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Author : Christa Tobler
language : en
Publisher: Intersentia nv
Release Date : 2005
Indirect Discrimination written by Christa Tobler and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Discrimination categories.
Updated habilitation thesis, submitted in 2003 to the Law Faculty of the University of Basel, analysing indirect discrimination in a broad and comparative context. Focuses on the development of the legal concept in EC law and its application in a great number of areas, including internal taxation of goods, freedom of establishment, sex equality, etc. Discusses demarcation issues between direct and indirect discrimination, and applying the concepts in concrete cases.
Foundations Of Indirect Discrimination Law
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Author : Hugh Collins
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-22
Foundations Of Indirect Discrimination Law written by Hugh Collins and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
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.
Indirect Discrimination In The Workplace
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Author : Rosemary Hunter
language : en
Publisher: Wm Gaunt & Sons
Release Date : 1992
Indirect Discrimination In The Workplace written by Rosemary Hunter and has been published by Wm Gaunt & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Discrimination in employment categories.
An employer's apparently neutral policies and practices may, perhaps accidentally, certainly unreasonably, exclude women or minority applicants or employees: this is unlawful discrimination.A host of traditional employment practices have been found to fall into this category - height and weight requirements, a last-on-first-off policy, job mobility conditions, even a bus ticketing system; all have fallen foul of equal opportunity legislation.This indirect discrimination legislation is complex and in places highly technical. Its impact and potential is little understood. Rosemary Hunter comprehensively analyses the legislation, State and Federal, private sector and public.She refers extensively to the large body of practice which has grown up in the United States and the United Kingdom. She includes numerous worked examples to show the factual situations which arise and discusses what "legally defensible" employment procedures may involve.
Limits And Potential Of The Concept Of Indirect Discrimination
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Author : Christa Tobler
language : en
Publisher:
Release Date : 2008
Limits And Potential Of The Concept Of Indirect Discrimination written by Christa Tobler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
Indirect Discrimination
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Author : Deirdre Gill
language : en
Publisher:
Release Date : 1986
Indirect Discrimination written by Deirdre Gill and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Sex discrimination against women categories.
Discrimination Law
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Author : Janet Dine
language : en
Publisher: Gaunt
Release Date : 1996
Discrimination Law written by Janet Dine and has been published by Gaunt this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Social Science categories.
Objectivity - Bob Watt
Faces Of Inequality
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Author : Sophia Moreau
language : en
Publisher: Oxford University Press
Release Date : 2020-01-31
Faces Of Inequality written by Sophia Moreau and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-31 with Law categories.
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.
Direct Discrimination Indirect Discrimination And Autonomy
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Author : Oran Doyle
language : en
Publisher:
Release Date : 2010
Direct Discrimination Indirect Discrimination And Autonomy written by Oran Doyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Western liberal democracies tend to impose duties on public and private bodies that are often formulated as an obligation not to discriminate. For instance, the European Union prohibits direct and indirect discrimination on certain grounds in certain contexts. Under this model, indirect discrimination involves a measure that, although it does not directly (i.e. explicitly) discriminate on the basis of a proscribed ground, produces a disparate impact that correlates with such a proscribed ground. Indirect discrimination is generally viewed, both conceptually and politically, as subordinate to direct discrimination. Professor John Gardner has argued that anti-discrimination law is justified on the basis of duties to respect other people's autonomy. On the base of this analysis, he argues that indirect discrimination is a secondary concept to the paradigm wrong of direct discrimination. I contend in this article that, if one adopts Gardner's autonomy-based analysis of anti-discrimination law, indirect discrimination is not a secondary concept to direct discrimination. Further, I argue that autonomy does not provide a convincing justification for the prohibition of either direct or indirect discrimination. I tentatively suggest, however, that the widespread impact of certain types of discrimination (alluded to by Gardner) may support an equality-based justification for the prohibition of both direct and indirect discrimination.
Age Discrimination
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Author : Robert von Steinau-Steinrück
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-09-01
Age Discrimination written by Robert von Steinau-Steinrück and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-01 with Law categories.
Although the effect of the EC Anti-Discrimination Framework Directive 2000/78 pervades age discrimination law in all Member States, the courts of each country can and do interpret its provisions – especially pertaining to sanctions – in various ways. In addition, claims of discrimination are handled according to national law, and an administrative law system with its own particular procedure is usually present. This very useful book provides a country-by-country overview of anti-discrimination legislation and related jurisprudence in the 27 EU Member States as well as Switzerland, Russia, and Turkey. The reports, written by experienced employment lawyers from each country, offer expert practical guidance and analysis regarding national laws affecting access to employment and vocational training, information and consultation, working conditions, recruitment, dismissal, retirement, and other relevant factors. The emphasis throughout is on the application of the crucial conceptual elements that derive from EC anti-discrimination law – direct adverse treatment, indirect discrimination, and the grounds on which a difference in treatment due to age is permissible. Each report explains in detail how anti-discrimination law operates at the national level, providing lucid guidance to the legal options available under any set of circumstances likely to arise, including the following: differential treatment, including special or minimum conditions; harassment and victimisation; fixed-term contracts; age-based graduation of compensation; employment relationships with an international dimension; affirmative action; special categories of workers; complaints to a competent person or body in the company; complaints to anti-discrimination offices; suits in labour courts; compensation limits; violator’s economic position; non-pecuniary damage suffered by the aggrieved party; effects of collective bargaining agreements; and social plans resulting from planned operational changes. Many of the reports pay special attention to the far-reaching implications of such important recent ECJ cases as von Colson & Kamann, Mangold, Palacios de la Villa, and Bartsch. Enormously helpful to all concerned with employment law in one or more countries in Europe, this book will prove especially valuable to legal counsel and human resources professionals in numerous situations that arise in day-to-day business conduct. Law students will also find it extremely useful for its concise but detailed perspective on the varieties of anti-discrimination law across Europe. The Publication of this book has been made possible with the support of the law firms allied with Ernst & Young throughout Europe, Pinsent Masons, Luther, selected independent law firms and the Holland Law School.
Legal Perspectives On Equal Treatment And Non Discrimination
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Author : Ann Numhauser-Henning
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2001-08-22
Legal Perspectives On Equal Treatment And Non Discrimination written by Ann Numhauser-Henning and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-22 with Law categories.
CONTENTS.