Faces of Inequality

2020 ◽  
Author(s):  
Sophia Moreau
Keyword(s):  
The State ◽  
Individual Member ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Basic Good

This book defends an original and pluralist theory of when and why discrimination wrongs people. Sophia Moreau argues that although all cases of wrongful discrimination involve a failure to treat some people as the equals of others, these failures are importantly different. The first four chapters of the book explore different ways of failing to treat people as equals: through unfairly subordinating some to others, through violating someone’s right to a particular deliberative freedom, and through denying some people access to a basic good. Chapter Five explains why these different wrongs can be seen as parts of a coherent theory of wrongful discrimination, and it presents some of the explanatory advantages of that this theory has over others. Chapter Six argues that the theory enables us to see indirect discrimination as wrongful for many of the same reasons as direct discrimination, and that both should be seen as forms of negligence. Finally Chapter Seven argues that the duty to treat others as equals is a duty held not just by the state, but also by each individual member of society.

Indirect Discrimination

2020 ◽  
pp. 183-208
Author(s):  
Sophia Moreau
Keyword(s):  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Basic Good

Chapter Six, “Indirect Discrimination,” makes explicit the implications that the author’s pluralist theory of wrongful discrimination has for our understanding of indirect discrimination. The author argues that the distinction between direct and indirect discrimination is not always morally significant. Indirect discrimination, like direct discrimination, can subordinate people; it can infringe their right to deliberative freedom; and it can deny them access to a basic good. The author also considers questions of responsibility and culpability. The author distinguishes between “responsibility for cost” and “responsibility as culpability.” Agents of indirect discrimination are, in many cases, both responsible for the costs of rectifying discrimination and also responsible in the sense of “culpable.” The author explains how we can see both indirect and direct discrimination as involving negligence on the part of the discriminator.

Netiešā diskriminācija darba attiecībās

2021 ◽  
pp. 269-276
Author(s):  
Jurijs Mašošins
Keyword(s):  
Quality Of Life ◽  
Gender Difference ◽  
Equal Treatment ◽  
Employment Relationships ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
The Many

A human person’s work plays a very important role in improving the quality of life, and therefore it is essential to ensure an equal treatment in the establishment, performance and termination of employment relationships. The purpose of this article is to look at so-called indirect discrimination problems in employment relationships. This type of discrimination can be found in cases where seemingly neutral circumstances put a group of people together on one of the many grounds of discrimination (most often the gender difference) in a particularly disadvantaged position in comparison to others. If direct discrimination arises as a result of the deliberate action of the employer, it may look indirect - without the employer being aware of it, and thus it can be difficult to prevent it. Cases where such neutral circumstances are objective and legally justified cannot be regarded as indirect discrimination.

scholarly journals Mercado de trabajo en el deporte y género: un estudio comparativo entre las condiciones de trabajo de las tituladas y los titulados en Ciencias de la Actividad Física y el Deporte por las universidades catalanas = Sport labor market and gender: a comparative study on working conditions of Physical Activity and Sport Science graduates by Catalan universities

2018 ◽  
pp. 195 ◽  
Author(s):  
Marta Pérez-Villalba ◽  
Anna Vilanova ◽  
Susanna Soler Prat
Keyword(s):  
Physical Activity ◽  
Comparative Study ◽  
Working Conditions ◽  
University Graduates ◽  
Sport Science ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Las Mujeres ◽  
Gender Based ◽  
And Gender

Resumen: El presente artículo tiene como objetivo analizar los yacimientos de inserción profesional y las condiciones laborales de las tituladas y los titulados en Ciencias de la Actividad Física y el Deporte (CAFyD) a través de un estudio comparativo entre sexos. Para ello, en el año 2013, se administró un cuestionario a un total de 1.000 personas egresadas en CAFyD por las universidades catalanes. Los resultados indican que no existe una discriminación directa en las condiciones de trabajo, para un mismo cargo mujeres y hombres presentan condiciones similares. En cambio, sí que se ha detectado una discriminación indirecta fruto de la carga social y cultural que afecta a las preferencias de las mujeres a la hora de escoger un determinado yacimiento de inserción.Abstract: This paper aims to analyse the sources of employment for university graduates in Physical Activity and Sport Science through a gender-based comparative study. With this objective, in 2013, a questionnaire was administered to total of 1,000 university graduates in Physical Activity and Sport Science from Catalan universities. The results indicate that there is no direct discrimination in working conditions, for a same position women and men share similar conditions. However, an indirect discrimination has been detected as a result of the social and cultural burden that affects the preferences of women when accessing and choosing a particular insertion field.

10. Introduction to Employment Equality Law

2020 ◽  
pp. 348-408
Author(s):  
David Cabrelli
Keyword(s):  
Historical Development ◽  
Proper Understanding ◽  
Policy Responses ◽  
Substantive Equality ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Pros And Cons ◽  
Formal Equality ◽  
The Uk ◽  
Employment Equality

This chapter examines the pros and cons of interfering in the labour market via the promulgation of anti-discrimination laws. It evaluates the basic theoretical constructs which are relevant to a proper understanding of anti-discrimination law in the UK and the EU, including the possible policy responses (e.g. the distinction between formal equality and substantive equality). It briefly assesses the historical development of anti-discrimination laws in the workplace, and then analyses key statutory concepts such as direct discrimination, indirect discrimination, harassment, and sexual harassment. Finally, the chapter considers victimization—an important issue since there is little purpose in statutory concepts if the employer can intimidate the employee, thus preventing him/her from bringing or continuing proceedings on one of these bases and/or by subjecting him/her to retaliation.

14. Discrimination and Health and Safety

2019 ◽  
pp. 396-418
Author(s):  
Lucy Jones
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Health And Safety ◽  
Employment Law ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Positive Action ◽  
Positive Discrimination ◽  
The Law ◽  
The Difference

This chapter considers the employment law aspects of discrimination and health and safety. It discusses the meaning of the protected characteristics which were brought together under the Equality Act 2010 and considers prohibited conduct under the Act. It explains the difference between direct and indirect discrimination and when direct discrimination can be justified. The chapter discusses the difference between positive action and positive discrimination and the interaction between protected characteristics and prohibited conduct. It also explains the law relating to harassment and victimization. The chapter concludes with a discussion of the law covering health and safety in the workplace, looking at both criminal law and civil law.

14. Race discrimination

2019 ◽  
pp. 257-266
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Race Discrimination ◽  
Direct Discrimination ◽  
Indirect Discrimination

This chapter deals with race discrimination law under the Equality Act. Race includes colour, nationality and ethnic or national origins. The chapter discusses the historical and legal background of race discrimination law, protected characteristics, prohibited conduct on grounds of race discrimination, and bringing an action in the employment tribunal. Race discrimination legislation mirrors that of other discrimination law. It covers direct and indirect discrimination, victimisation and harassment. For direct discrimination, it also looks at perceptive and associative discrimination, and considers who the comparator may be. It also looks at occupational requirements, which are a defence to an accusation of direct discrimination.

scholarly journals Free Movement, Equal Treatment, and Citizenship of the Union

2005 ◽  
Vol 54 (4) ◽  
pp. 885-905 ◽  
Author(s):  
Robin Ca White
Keyword(s):  
Differential Treatment ◽  
Free Movement ◽  
Equal Treatment ◽  
Advocate General ◽  
Community Law ◽  
Constitutional Principle ◽  
Court Of Justice ◽  
Direct Discrimination ◽  
Indirect Discrimination

The prohibition of discrimination, at least on grounds of nationality, has always been a constitutional principle of Community law. Such discrimination can take many forms, since Community law prohibits not only direct discrimination but various forms of indirect discrimination. Furthermore, the Court of Justice has indicated that where discrimination on grounds of nationality is in issue, the requirement of proof is not a heavy one on the complainant. All that is needed to place the burden on the respondent to justify the potentially differential treatment is that complainants show that the requirement applied to them is intrinsically likely, or susceptible by its very nature, to affect them adversely in comparison with the State's own nationals. The modern formulation of the prohibition of discrimination recognizes that protection from discrimination on grounds of nationality is central to the concept of citizenship of the Union. Advocate General Jacobs has said:

Tackling Indirect Discrimination in Employment in France

2019 ◽  
pp. 244-261
Author(s):  
Marie Mercat-Bruns
Keyword(s):  
Employment Discrimination ◽  
The Other ◽  
Labour Law ◽  
Applicable Law ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Discrimination In Employment ◽  
The One ◽  
The Right ◽  
Systemic Discrimination

This chapter argues that in France, the application of employment discrimination law is a mixed bag. On the one hand, labour law judges have had some difficulties with interpreting anti-discrimination law, especially when it is based on prohibited grounds linked to the person at work, such as race, and detached from the statutory view of the worker within the scope of applicable law. The need to deepen a factual analysis of context in cases of direct discrimination constitutes a challenge for civil judges more familiar with an approach based on syllogism rather than analogy and comparison. On the other hand, more recently, labour law judges have started resorting to the logic of indirect discrimination in employment which offers original ways to scrutinize collective action, including the right to strike, revealing systemic discrimination.

11. The Equality Act 2010: key concepts

2019 ◽  
pp. 212-231
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Perceived Discrimination ◽  
Burden Of Proof ◽  
The Body ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Positive Action ◽  
Key Concepts

The Equality Act was passed to harmonise the myriad of statutes and regulations that previously combined to make the body of discrimination law. The Act therefore brings all the disparate legislation together, and purports to establish a consistent body of anti-discrimination law. This chapter discusses the scope of the Act and the protected characteristics and explains prohibited conduct such as direct discrimination (including associative and perceived discrimination), indirect discrimination, harassment, victimisation, positive action, burden of proof, remedies if discrimination is proved, and debates over the issue of direct and indirect discrimination, such as whether each should be capable of justification

9. Equality law

2017 ◽  
Author(s):  
Roseanne Russell
Keyword(s):  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Key Issues ◽  
Additional Reading

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about equality law. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of equality law including the range of protected characteristics, direct discrimination, indirect discrimination, harassment, victimisation, and the duty to make reasonable adjustments. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

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