“The Light at the End of the Tunnel”: Experiences of LGBTQ+ Adults in Portuguese Healthcare

This work analyses experiences of LGBTQ+ people accessing healthcare in Portugal. A total of 32 semi-structured interviews were conducted with queer adults (18–59 years old). The thematic analysis and thematic networks brought to light how structural cis-heteronorms are compliant with the maintenance of invisibility regarding sexual and gender diversity. As a consequence, experiences of direct and indirect discrimination show us how crucial it is to have well prepared healthcare providers, capable of embracing diversity and creating safe spaces that allow us to shorten the path between Portugal’s progressive legal frame and the people lived experiences.

Out of Control: Growth and Indirect Discrimination in Ada and Canyon Counties' Rental Processes

Minimal research has been done on race in evictions and the rental process, and those studies that have been performed have been limited to narrow geographical regions (Thomas, 2017; Desmond, 2016). Additionally, research hasn’t been extended to Idaho, a state that is recognized for its rapid population growth. Research on evictions’ impact on New Americans is essentially nonexistent. Employing the Naïve Bayes Model, a modification of the Naïve Bayes Model, and content analysis of interviews, this study sought to uncover the impact of racial discrimination and growth in the eviction process. The results proved that black and Latinx minorities are evicted at higher rates than their white and Asian counterparts and that a lack of tenant protections and rapidly increasing housing prices, among other things, have played pivotal roles in Idaho’s eviction rates, specifically of racial minorities.

The myth of associative discrimination and the Court of Justice’s great vanishing act: part 2

This article complements an article (part 1) recently published in this journal (72(1) NILQ 29–60) contending that the notion of associative discrimination as a term of art renders it so vulnerable to manipulation that it can be used to narrow the scope of the legislation. That argument was rooted in the UK Supreme Court’s reasoning in Lee v Ashers Bakery [2018] UKSC 49. Part 2 continues the theme, but this time to show that the vulnerability can work the other way, producing, first, an ‘extended’ notion of associative discrimination and, second, radically broad notions of direct and indirect discrimination. This limb of the thesis also argues that a case heralded as one of associative discrimination, CHEZ [2016] CMLR 14, was no such thing. It concludes that the ambitious approach of the European Court of Justice and its Advocates General will blur the traditional form-based distinction between direct and indirect discrimination.

Is the EU human rights legal framework able to cope with discriminatory AI?

The challenges introduced by AI for the EU anti-discrimination legal framework have been a widely discussed topic among the doctrine. In the light of the 20th anniversary of the EU Charter of Fundamental Rights, the Commission released a regulatory proposal to tackle AI. This paper seeks to determine whether the proposal successfully addresses the existent pitfalls of the EU framework. First, this paper explores the functioning of AI systems that employ machine learning techniques and determines how discrimination takes place. Second, the article examines intellectual property rights as one of the main barriers for accountability and redressal of violations committed by an AI system. Third, the state of the discussion concerning the pitfalls of the existent EU approach towards non-discrimination is addressed. The available academic literature suggests that discriminatory outputs produced by an AI will amount to indirect discrimination in most scenarios. In this sense, cases of indirect proxy discrimination will likely pass the proportionality test, therefore justifying the discriminatory output. The last section of this article studies the Commission’s regulatory proposal. Although the document seems to effectively tackle discrimination caused by biased training data sets, this paper concludes that intellectual property rights and proxy discrimination still constitute significant barriers for the enforcement of anti-discrimination law.

The Fire of the Seas: A Novel About the Bitter Discrimination in Our Society

This article aims to discuss about the topic of discrimination and elaborate it through the form of a creative novel. Three topics are explored: the reasons for discrimination, how discrimination can continue to perpetuate, and how indirect discrimination can also hurt victims. These questions are answered in the narrative story in a novel with the help of the Social Dominance theory and Becker’s theory of Economic Discrimination. Sapphire is a fire-wielding mermaid who is discriminated against because of her power over fire. She finds out that discrimination can exist because the dominant group does not want to lose their privileges, and how discrimination still runs rampant because of the propaganda spread by the king, which is supported using the legalizing myths in Social Dominance theory. Sapphire also witnesses and suffers some indirect forms of discrimination, especially about lack of interaction and wage differences.Keywords: discrimination, indirect discrimination, social dominance, economic discrimination, fantasy, merfolk

DISCRIMINATION-FREE INSURANCE PRICING

We consider the following question: given information on individual policyholder characteristics, how can we ensure that insurance prices do not discriminate with respect to protected characteristics, such as gender? We address the issues of direct and indirect discrimination, the latter resulting from implicit learning of protected characteristics from nonprotected ones. We provide rigorous mathematical definitions for direct and indirect discrimination, and we introduce a simple formula for discrimination-free pricing, that avoids both direct and indirect discrimination. Our formula works in any statistical model. We demonstrate its application on a health insurance example, using a state-of-the-art generalized linear model and a neural network regression model. An important conclusion is that discrimination-free pricing in general requires collection of policyholders’ discriminatory characteristics, posing potential challenges in relation to policyholder’s privacy concerns.

5. Discrimination at work, prohibited conduct, and enforcement

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the provisions of the Equality Act 2010. Applicants for jobs must not be asked about their health or disability in the recruitment process. Prohibited conduct refers to direct and indirect discrimination, harassment, and victimisation. Segregation on racial grounds is also prohibited. In addition, there is no minimum period of employment needed before one can make a discrimination claim.

The myth of associative discrimination and the Court of Justice’s great vanishing act: part 2

This article complements an article (part 1) recently published in this journal (72(1) NILQ 29–60) contending that the notion of associative discrimination as a term of art renders it so vulnerable to manipulation that it can be used to narrow the scope of the legislation. That argument was rooted in the UK Supreme Court’s reasoning in Lee v Ashers Bakery [2018] UKSC 49. Part 2 continues the theme, but this time to show that the vulnerability can work the other way, producing, first, an ‘extended’ notion of associative discrimination and, second, radically broad notions of direct and indirect discrimination. This limb of the thesis also argues that a case heralded as one of associative discrimination, CHEZ [2016] CMLR 14, was no such thing. It concludes that the ambitious approach of the European Court of Justice and its Advocates General will blur the traditional form-based distinction between direct and indirect discrimination.