The outer margins of indirect discrimination

2021 ◽  
pp. 50-79
Author(s):  
Michael Connolly
Keyword(s):  
Indirect Discrimination

Italy

2018 ◽  
Author(s):  
Delia Ferri
Keyword(s):  
Significant Influence ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Constitutional Court ◽  
Judicial Activism ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Indirect Discrimination ◽  
Legal Concepts ◽  
Domestic Law

Italy was among the first countries to sign the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, and ratified it in 2009 by Law 18/2009. Since then, the Convention has displayed significant influence on case law, and provoked a degree of judicial activism. This chapter provides an overview of how Italian courts have used and interpreted the CRPD. It highlights how Italian lower and higher courts, including the Constitutional Court and the Court of Cassation, have attempted to overcome the gap between domestic law and the CRPD, by ‘rethinking’ legal concepts in light of the Convention. This is evident with regards to the field of legal capacity and the domestic provisions of the civil code on the ‘administration of support’, but also to non-discrimination legislation, the scope of which has been evidently enlarged to encompass the failure to provide reasonable accommodation as a form of indirect discrimination.

Intersectional Discrimination

2019 ◽  
Author(s):  
Shreya Atrey
Keyword(s):  
South Africa ◽  
Burden Of Proof ◽  
Intersectionality Theory ◽  
Indirect Discrimination ◽  
The Us ◽  
Treaty Body ◽  
The Eu

Why has intersectionality fallen by the wayside of discrimination law? Thirty years after Kimberlé Crenshaw coined the term ‘intersectionality’, discrimination lawyers continue to be plagued by this question across a range of jurisdictions, including the US, UK, South Africa, India, Canada, as well as the UN treaty body jurisprudence and the jurisprudence of the EU and the ECHR. Claimants continue to struggle to establish intersectional claims based on more than one ground of discrimination. This book renews the bid for realizing intersectionality in comparative discrimination law. It presents a juridical account of intersectional discrimination as a category of discrimination inspired by intersectionality theory, and distinct from other categories of thinking about discrimination including strict, substantial, capacious, and contextual forms of single-axis discrimination, multiple discrimination, additive discrimination as in combination or compound discrimination, and embedded discrimination. Intersectional discrimination, defined in these theoretical and categorial terms, then needs to be translated into doctrine, recalibrating each of the central concepts and tools of discrimination law to respond to it—including the text of non-discrimination guarantees, the idea of grounds, the test for analogous grounds, the distinction between direct and indirect discrimination, the substantive meaning of discrimination, the use of comparators, the justification analysis and standard of review, the burden of proof between parties, and the range of remedies available. With this, the book presents a granular account of intersectional discrimination in theoretical, conceptual, and doctrinal terms, and aims to transform discrimination law in the process of realizing intersectionality within its discourse.

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.

scholarly journals EQUALITY OF OPPORTUNITY BETWEEN MEN AND WOMEN ON THE LABOUR MARKET – THE GENDER PAY GAP WITHIN THE EU MEMBER STATES

2013 ◽  
Author(s):  
Oana Ancuţa Stângaciu
Keyword(s):  
Social Life ◽  
Statistical Data ◽  
Equality Of Opportunity ◽  
Gender Pay Gap ◽  
Pay Gap ◽  
Member States ◽  
Men And Women ◽  
Eu Member States ◽  
Indirect Discrimination ◽  
The Eu

The actions taken for the promotion of the equality of opportunity between men and women and for eliminating the direct or the indirect discrimination apply to the field of employment as well as to the field of education, health, culture, information and the participation in the decision making process. Starting from one of the objectives of the Strategy for the equality of opportunity, being aware of the real situation of women participation compared to men participation to the economical and social life, this analysis offers a perspective on the equality of opportunity between men and women in the field of employment, seen based on the statistical data. Thus, in order to quantify this phenomenon using methods specific to the statistical analysis, we used the gender pay gap indicator pertaining to the EU member states per total economy, as well as per economical activities, and the research results show that on the EU level there are still significant gender pay gaps.

The Relevance of Deliberative Freedom

2020 ◽  
pp. 77-120
Author(s):  
Sophia Moreau
Keyword(s):  
White Privilege ◽  
Legal Cases ◽  
Personal Traits ◽  
Indirect Discrimination ◽  
Social Subordination

Chapter Three, “The Relevance of Deliberative Freedom,” begins by considering a number of recent legal cases of discrimination in which we cannot understand the concerns of the claimants unless we think of the wrongness of discrimination as extending beyond social subordination. The author argues that in these cases—cases such as Masterpiece Cake Shop and Chand v. I.A.A.F.—the discriminatee has been denied deliberative freedom, in circumstances where they have a right to it. Deliberative freedom is the freedom to deliberate about one’s life, and to decide what to do in light of those deliberations, without having to treat certain personal traits, or other people’s assumptions about them, as costs, and without having to live one’s life with these traits always before one’s eyes. People do not always have a right to particular deliberative freedoms; but there are circumstances in which they do, and wrongful discrimination often denies people these freedoms in circumstances where they do have a right to them. In this chapter, the author explores the idea of deliberative freedom in detail and explains both what it consists in and when we have a right to it. The author discusses the idea of “white privilege” in relation to deliberative freedoms. The author shows how both direct and indirect discrimination can deprive people of deliberative freedom in circumstances where they have a right to it. Lastly, the chapter argues that, given the importance in our society of treating others as beings capable of autonomy, infringing someone’s right to deliberative freedom is a way of failing to treat them as an equal.

Power

2021 ◽  
pp. 74-88
Author(s):  
Joe Ungemah
Keyword(s):  
Role Expectations ◽  
Laboratory Environment ◽  
Academy Awards ◽  
Social Stereotypes ◽  
Diversity And Inclusion ◽  
Indirect Discrimination ◽  
Stanford Prison Experiment ◽  
Power And Influence

This chapter replays the Stanford Prison Experiment by Philip Zimbardo, going into detail about how the arbitrary assignment of guard and prisoner roles led to some of the most sadistic behavior witnessed in a laboratory environment. The study demonstrated how behavioral scripts are put in motion, where people conform to social stereotypes and role expectations as driven by power and influence differentials. The experiment is juxtaposed against the 2016 Academy Awards, where indirect forms of power resulted in a lack of minority nominations, bringing to light a multitude of signs pointing to indirect discrimination. The outcry led to a commitment to both overhaul membership in the academy and improve the mechanics of the awards process. Implications for the workplace extend to diversity and inclusion practices and policies to safeguard against harassment and bullying.

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