Discrimination in employment and harassment law Books
Bloomsbury Publishing PLC Effective Enforcement of EU Labour Law
Book SynopsisThis book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.Table of ContentsPART I UNDERSTANDING ENFORCEMENT 1. The Enforcement Structure for EU Labour Law Antoine Jacobs (Tilburg University, the Netherlands) 2. Remedies and Sanctions in EU Labour Law Aristea Koukiadaki (University of Manchester, UK) 3. Access to Justice Klaus Lörcher (formerly European Trade Union Conference, Belgium) 4. Enforcing EU Labour Law by Means of Administrative Law Joanna Unterschütz (University of Business and Administration in Gdynia, Poland) 5. Enforcement by Means of Criminal Law Joanna Unterschütz (University of Business and Administration in Gdynia, Poland) 6. Soft Methods of Enforcement of European Labour Law Standards Csilla Kollonay-Lehoczky (Central European University, Hungary) 7. Strategic Enforcement of EU Labour Law Klaus Lörcher (formerly European Trade Union Conference, Belgium) 8. Enforcement of EU Labour Law in a Transnational Context Mijke Houwerzijl (Tilburg University, the Netherlands) 9. The EU’s Role in the Extra-territorial Enforcement of Labour Laws Simon Deakin (University of Cambridge, UK) and Bhumika Billa (University of Cambridge, UK) PART II ENFORCEMENT IN SPECIFIC AREAS OF EU LABOUR LAW 10. Enforcing Non-discrimination Csilla Kollonay-Lehoczky (Central European University, Hungary) 11. Enforcing EU Information and Consultation Rights Silvia Rainone (European Trade Union Institute, Belgium) 12. Enforcing Migrant and Mobile Workers’ Rights Zane Rasnaca (European Trade Union Institute, Belgium) 13. Enforcing the Rights of Non-standard Workers Barbara Kresal (University of Ljubljana, Slovenia) 14. Towards Effective Enforcement of Occupational Health and Safety Law in the European Union Aude Cefaliello (European Trade Union Institute, Belgium) PART III MECHANISMS AND SPECIFIC ACTORS FOR ENFORCING EU LABOUR LAW 15. Enforcing EU Law via Collective Action Giovanni Orlandini (University of Siena, Italy) 16. Collective Actors Enforcing EU Labour Law Filip Dorssemont (Catholic University of Louvain, Belgium) 17. The European Labour Authority: Missing Link in the Cross-Border Enforcement of EU Labour Law Piet Van Nuffel (KU Leuven, Belgium) 18. The Alert (Whistleblowing) in Light of the Enforcement of European Labour Law Elliot Cobbaut (Catholic University of Louvain, Belgium) 19. Enforcing Labour Law via Public Procurement Niklas Bruun (Hanken School of Economics, Finland) 20. The European Pillar of Social Rights: Transforming Promises into Reality Olivier de Schutter (Catholic University of Louvain, Belgium) 21. Enforcing EU Labour Law in the Context of EU Economic and Monetary Policy Mélanie Schmit (Housing First Europe, the Netherlands) and Marco Rocca (National Centre for Scientific Research, France) 22. Proposal for a Directive on Effective Enforcement Zane Rasnaca (European Trade Union Institute, Belgium), Aristea Koukiadaki (University of Manchester, UK), Klaus Lörcher (formerly European Trade Union Confederation, Belgium) and Niklas Bruun (Hanken School of Economics, Finland) Conclusion Zane Rasnaca (European Trade Union Institute, Belgium), Aristea Koukiadaki (University of Manchester, UK), Klaus Lörcher (formerly European Trade Union Confederation, Belgium) and Niklas Bruun (Hanken School of Economics, Finland)
£123.50
Bloomsbury Publishing PLC Interpreting Discrimination Law Creatively:
Book SynopsisThis book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.Table of Contents1. Introduction Part I: Interpreting Discrimination Law Creatively? 2. Discrimination Legislation: History and Context 3. Developing the Purpose of Discrimination Law Part II: A Creative Approach in Practice 4. The Rationale for Grounds 5. The Concept of Discrimination Part III: What Does ‘Creative’ Interpretation Require from Judges? 6. Values and Legitimacy 7. Institutional Competence and Redistribution 8. Conclusion
£80.75
Bloomsbury Publishing PLC Economically-dependent Workers as Part of a
Book SynopsisThis book contains 11 country reports that outline the legal bases for the protection of economically-dependent workers in labour and social security law. In addition, a comparative analysis explores the characteristics of such workers and the regulatory models for their legal protection as well as pointing out protection gaps. Further contributions evaluate the impact of international law and European law on the legal protection of economically-dependent workers and highlight the need for future developments.
£152.00
Skyhorse Publishing The Affirmative Action Puzzle: A Comprehensive
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£23.99
Bristol University Press Class and Social Background Discrimination in the
Book SynopsisThis book exposes how inequalities based on class and social background arise from employment practices in the digital age. It considers instances where social media is used in recruitment to infiltrate private lives and hide job advertisements based on locality; where algorithms assess socio-economic data to filter candidates; where human interviewers are replaced by artificial intelligence with design that disadvantages users of classed language; and where already vulnerable groups become victims of digitalisation and remote work. The author examines whether these practices create risks of discrimination based on certain protected attributes, including ‘social origin’ in international labour law and laws in Australia and South Africa, ‘social condition’ and ‘family status’ in laws within Canada, and others. The book proposes essential law reform and improvements to workplace policy.Table of Contents1. Class and Social Background Discrimination: An Introduction 2. Unravelling the Meaning of ‘Social Origin’ Discrimination in Conventions of the International Labour Organization (ILO) and its Applications in the Digital Age 3. Mapping the Legal Landscape in Australia, South Africa, Canada and New Zealand and its Applications in the Digital Age 4. Social Media in Hiring and Firing Decisions 5. Automated Candidate Screening, Algorithms and Artificial Intelligence in Recruitment 6. Platform Work and the Post-Pandemic Shift to Remote Work 7. Making Future Workplaces Fairer and More Equitable
£73.09
Bristol University Press Combatting Disability Harassment at Work: Human
Book SynopsisPersons with disabilities report high levels of harassment worldwide, often based on intersectional characteristics such as race, gender and age. However, while #MeToo and #BlackLivesMatter have highlighted ongoing experiences of sexual and racial harassment, disability harassment has received little attention. This book focuses on legal measures to combat disability harassment at work. It sets disability harassment in its international context, including its human rights framework, and confronts the lack of empirical information by evaluating the Irish legal framework in practice. It explores the capacity of the law to address intersectional harassment, particularly that faced by women with disabilities, and outlines the barriers to effective legal solutions.Table of Contents1. Introduction 2. The Human Rights Framework 3. Barriers to Effective National Implementation 4. Disability Harassment in Ireland 5. The Irish Legal Framework in Practice 6. Meeting the Global Challenge: Lessons From Experience 7. Conclusion
£38.69
Bristol University Press Fragile Rights: Disability, Public Policy, and
Book SynopsisThe French version of this book was the winner of the 2022 Grand Prix de la Protection Sociale. Over the years many disability-related rights have been legally recognized, but how has this changed the everyday lives of people with disabilities? Drawing on biographical interviews collected from individuals with mobility or visual impairments in France, this book analyses the reception of disability policies in the fields of education, employment, social rights and accessibility. It examines to what extent these policies contribute to the realization of associated rights among disabled people. The book demonstrates that the rights associated with disability suffer from major implementation flaws, while shedding light on the very active role of disabled citizens in the realization of their rights.Table of Contents1. Introduction 2. The Right to Education: A Battle Still to Be Won 3. Rights at Work 4. Autonomy under Supervision 5. Freedom of Movement: A ‘Sweet Dream’? 6. Conclusion
£72.25
Da Capo Press The Black and the Blue: A Cop Reveals the Crimes,
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£26.25
Paul Dry Books Same-Sex Marriage and American Constitutionalism:
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£18.95
Michigan State University Press Blackhood Against the Police Power: Punishment
Book SynopsisBoth significant and timely, this book addresses the punishment of “race” and the disavowal of sexual violence central to the contemporary “post-racial” culture of politics. Here the author asserts that the post-racial presents an antiblack animus that should be read as desiring the end of blackness and the black liberation movement’s singular ethical claims. The book redefines policing as a sociohistorical process of implementing antiblackness and, in so doing, redefines racism as an act of sexual violence that produces the punishment of race. It smartly critiques the way leading antiracist discourse is frequently complicit with antiblackness and recalls the original 1960s conception of black studies as a corrective to the deficiencies in today’s critical discourse on race and sex.The book explores these lines of inquiry to pinpoint how the history of racial slavery wraps itself in a new discourse of disavowal. In this way, Blackhood Against the Police Power responds to a range of texts, policies, practices, and representations complicit with the police power - from the Fourth Amendment and the movements to curtail stop-and-frisk policing and mass incarceration to popular culture treatments of blackness to the leading academic discourses on race and sex politics.
£30.56
American Bar Association What if I Say the Wrong Thing?: 25 Habits for
Book SynopsisIn this compelling new tip book you'll find innovative and surprising ways to keep your personal diversity journey moving and the diversity commitment of your organization. Written to make this information bite-size and accessible, you'll find quick answers to typical What should I do? questions, like: What if I say the wrong thing, what should I do? What if I am work and someone makes a sexist joke, what should I say? Purchase copies for everyone at your organization to make sure everyone knows the culturally effective way to approach diversity situations. With this book they can be prepared and practiced at moving diversity forward!Trade ReviewIn a very clever, relatable and user-friendly fashion, she's put her finger on the things that many of us struggle with as we balance our desire to be inclusive while embracing and honoring our differences. Her 25 habits are pearls of wisdom, packaged in personal stories to which we can all relate. -- Linda K. Myers, P.C., Partner, Kirkland & Ellis LLP True cultural effectiveness grows not out of cognitive brightness, but rather "emotional, social, and spiritual intelligence." Verna makes clear that these qualities have the greatest chance for being developed when we humble ourselves by admitting what we don't know. One of the most compelling themes in the book is the simple, yet profound idea that enhancing opportunities for inclusion not only requires modification of our office cultures, but we are frequently challenged to also change ourselves. A truly wonderful book! -- James K. Grasty, vice president & assistant general counsel, Office of General Counsel, Merck & Co., Inc. I love the format of the book; it acknowledges implicitly that bad and old habits are hard to break and require alternative behaviors to practice in order to form new ones. I was delighted by the simple yet actionable new behaviors and responses offered for controversial habits. Practitioners will benefit greatly from the wisdom of this guide! -- Pamela Culpepper, senior vice president global chief diversity and inclusion officer, PepsiCo, Inc. [O]ne of the most useful books I have read on how to combat the tensions that inherently occur in a diverse global workplace...with concrete tips for individuals and organizations on how to handle varied situations that frequently occur in the workplace and in our personal lives. -- Theodore J. Boutrous, Jr., partner & member of executive and management committees, Gibson, Dunn & Crutcher LLP
£10.99
University of Tennessee Press Full Court Press: How Pat Summitt, A High School
Book SynopsisWhen Victoria Cape moved to Oak Ridge, Tennessee, in the early 1970s, she had no idea that her desire to play basketball would change the game for women and the sport in Tennessee. Encouraged to sign up for basketball by her athletic father, Victoria was in for a shock: the Tennessee Secondary School Athletic Association endorsed an entirely different form of the game for high school women than the version of basketball commonly played around the country. Women played six-on-six basketball, in which offensive players stayed on one half of the court, and defensive players on the other half—defenders could spend their entire careers without taking a shot. Victoria Cape sued the TSSAA, and her lawsuit paved the way for women to play basketball by the same rules as men and served as an early test case of groundbreaking Title IX legislation. Further adding to the case’s history-making précis was the presence of a young Pat Summitt, recently elevated to head coach of the Tennessee Lady Volunteers, who bravely testified on behalf of Cape during the lawsuit.Full Court Press is a valuable addition to research on how individual initiative can bring about social change—in Tennessee, in the sporting world, and as a part of the broader struggle for women’s equality. Written in a lighthearted and inspiring style, this book is a must-read for anyone fascinated by the many achievements of Pat Summitt, Tennessee women’s basketball, or women’s sports history in general.
£17.56
WW Norton & Co Presumed Guilty: How the Supreme Court Empowered
Book SynopsisPolice are nine times more likely to kill African-American men than they are other Americans—in fact, nearly one in every thousand will die at the hands, or under the knee, of an officer. As eminent constitutional scholar Erwin Chemerinsky powerfully argues, this is no accident, but the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects—especially people of color—are guilty before being charged. Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A “smoking gun” of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color. For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court’s history, Chemerinsky—who has himself litigated cases dealing with police misconduct for decades—shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct. Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon’s presidency and the ascendance of conservative and “originalist” justices, whose rulings—in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases—have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds. Written with a lawyer’s knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein’s The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before—and promising to transform our understanding of the systems that enable police brutality.Trade Review"Stunning... Chemerinsky presents a damning indictment of the Supreme Court... As Chemerinsky declares, the court’s record 'from 1986 through the present and likely for years to come, can easily be summarized: ‘The police almost always win....' Aside from the fact that he writes well, Chemerinsky... is also an experienced advocate, having appeared before the court on many occasions, and also having served as a consultant to those police forces who either by choice or necessity have tried to overhaul their practices. He bolsters his argument with examples from his own experiences, and his telling of the cases always starts with the people involved... Chemerinsky details a number of ways state and local governments can and should reform police procedures without having to go to court. Whether the furor unleashed by Black Lives Matter will lead to state and city governments reforming their police departments is yet to be seen, but all lawmakers, in fact all concerned citizens, need to read this book. It is an eloquent and damning indictment not only of horrific police practices, but also of the justices who condoned them and continue to do so." -- Melvin I. Urofsky - New York Times Book Review"Opens our eyes to a critical reason that we continue to have problems of police violence and racism in law enforcement... Chemerinsky masterfully presents his arguments by tying together current events with major Supreme Court decisions that laid the foundation for those conflicts... My criminal procedure students know this to be true. They read another book written by Chemerinsky and his co-author that goes through the cases. In the future, they may be assigned this one as well... Years from now, Americans may ask, “Did anyone stand up to the Supreme Court and pull back the curtain?” The answer will be “Yes.” Chemerinsky did just that. Now, it is time for all of us to take a good look." -- Laurie L. Levenson - Los Angeles Review of Books"One of the foremost U.S. Constitutional scholars and Supreme Court analysts, Chemerinsky (dean, Univ. of California, Berkeley, Sch. of Law; The Conservative Assault on the Constitution) cogently demonstrates in this book that the court bears much of the blame for police violence and racism in U.S. law enforcement.... An insightful primer for understanding the judicial decisions that support the United States’ prevailing authoritarian, paramilitary, racist approach to policing.... A thoughtful, provocative, and instructive must-read for anyone concerned with justice and domestic tranquility." -- Thomas J. Davis, Library Journal, starred review"The veteran legal affairs expert offers a powerful attack on a judiciary committed to advancing the police state . . . [Chemerinsky] suggests that because the Supreme Court will not restrain the police, state courts can and should invoke state constitutions in order to do so.' Necessary reading for civil libertarians, public defenders, and activists." -- Kirkus Reviews
£20.89
WW Norton & Co The Essential Kerner Commission Report
Book SynopsisThe Kerner Commission Report, released a month before Martin Luther King Jr.’s 1968 assassination, is among a handful of government reports that reads like an illuminating history book—a dramatic, often shocking, exploration of systemic racism that transcends its time. Yet Columbia University professor and New Yorker correspondent Jelani Cobb argues that this prescient report, which examined more than a dozen urban uprisings between 1964 and 1967, has been woefully neglected. In an enlightening new introduction, Cobb reveals how these uprisings were used as political fodder by Republicans and demonstrates that this condensed edition of the Report should be essential reading at a moment when protest movements are challenging us to uproot racial injustice. A detailed examination of economic inequality, race, and policing, the Report has never been more relevant, and demonstrates to devastating effect that it is possible for us to be entirely cognizant of history and still tragically repeat it.Trade Review"This version of the landmark report features a superb introduction by Cobb and a closing section of frequently asked questions—e.g., ‘How come nothing has been done about these problems?’ The book contains plenty of fodder for crucial national conversations and many excellent ideas for much-needed reforms that could be put into place now. A welcome new version of a publication that is no less important now than it was in 1967." -- Kirkus Reviews, starred review"New Yorker staff writer Cobb (The Substance of Hope) presents an astutely abridged and incisively contextualized version of the 1968 Kerner Commission Report . . . Cobb’s concise introduction delves into the origins of the commission and highlights key findings . . . The report itself is startlingly blunt . . . and remarkably prescient . . . In the appendix, Cobb briskly and persuasively tackles 'frequently asked question' . . . The result is an essential resource for understanding what Cobb calls the 'chronic national predicament' of racial unrest." -- Publishers Weekly"With a perceptive introduction by historian Cobb... this version of the report, co-edited by historian Guariglia, is indeed essential for what it presents and why its findings still matter... this version of the report might point the way toward a national resolution, if the United States summons the will and wherewithal to make change." -- Randall M. Miller - Library Journal
£13.99
American Bar Association Ferguson's Fault Lines
Book SynopsisIn almost every highly publicized case of police using deadly force and killing unarmed individuals, the person killed was an African American male. These incidents have caused dramatic erosion in public confidence in the justice system and America's promise of equal treatment under the law. Minority communities lack confidence in our judicial system. First, we must recognize our own biases. We all have them. No one is exempt. The biggest challenge, however, is to figure out what we do once we recognize them. For those working in the justice system, from police to prosecutors and judges, and yes, even public defenders, the consequences have broad, far-reaching, and sometimes even fatal consequences.
£24.31
West Academic Publishing Developing Professional Skills: Workplace Law
Book SynopsisIncorporating professional skills and ethics into the traditional workplace law course is a critical but challenging undertaking. This easy-to-use book simplifies the effort, offering eleven discrete exercises designed to help students develop skills in the key areas of drafting, counseling, negotiation and advocacy. Each exercise involves a different substantive area of workplace law, including covenants-not-to compete, wage and hour law, employment discrimination, whistleblower protection and general common law and tort principles. The book is flexible enough to supplement any doctrinal casebook, or can be used to teach a stand-alone skills course.Students learn tasks such as: Conducting an intake interview with a terminated employee Drafting a discrimination complaint Negotiating the terms of a non-compete agreement Conducting a workplace investigation Revising an employee handbook Advising an employer on a legal compliance issue Writing a demand letter in a collective wage and hour action
£28.45
Nova Science Publishers Inc Hate Crime Data Collection: Guidelines,
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£131.19
Nova Science Publishers Inc Federal Employees & Sexual Orientation in the
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£120.79
Nova Science Publishers Inc Pregnancy Discrimination & the Supreme Court: A
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£63.19
West Academic Publishing Labor and Employment Arbitration in a Nutshell
Book SynopsisLabor and employment arbitration law simplified. Authoritative coverage provides a description of the origin, development, and practice of labor and employment arbitration. Text focuses on the fundamentals of the labor and employment arbitration process and explores the major arbitration law issues, their importance, and the conflicting opinions on them.
£55.80
West Academic Publishing Modern Employment Law: In Time and Place
Book SynopsisThis casebook is unique in two ways: 1) It centers the study of employment law, not on contract, but on the power imbalance in the employment relation. 2) It explains current law by highlighting its history and contingency over time and and place. The casebook includes every topic in every major casebook, but with the book's unique twist that work and the opportunity to work is a necessary civil right, that has changed over time.Employment At-Will is, of course, the cornerstone. The book addresses all the state variations, regarding handbooks, public policy exceptions, the covenant of good faith, abusive discharge, and privacy. The book is pedagogically strong in systematically reinforcing students' existing knowledge of the elements of contract and tort law. Nonetheless, employment is repeatedly considered a "special relationship." The opportunity to work as a human endeavor is akin to a civil right.The book examines the legal theories of how repeat players influence legal change, slippery slope, binary thinking, and mandating minimums.The book is unique in organizing the common law origins of each legal rule, explaining how current law came into effect. Explaining this history demonstrates the contingency of many legal rules, rather than their inevitability. The relevant law changes, because the previous customs and systems no longer work. Law is the result of what has gone before. The casebook explores the past in order to understand the contingency of the present and to chart the future legal framework.As we saw during the pandemic, employment practices can change dramatically. The lingering worldwide pandemic has jolted work law, just as Reconstruction, industrialization, railroads, and the New Deal did in the past. The book references recent trends taking place in the past two years, such as the importance of certain kinds of jobs, customs, such as work from home, and employee expectations.
£245.70
West Academic Publishing The Law of Employment Discrimination: Cases and
Book SynopsisThis casebook covers all major aspects of employment discrimination law, including benchmark legislative, administrative, and judicial developments. Due in part to frequent updates and revisions, it has received accolades as one of the most comprehensive and frequently updated texts on the market. The 13th Edition continues this tradition by seamlessly incorporating all major legislative and judicial developments through July 2020, including all relevant decisions rendered by the Supreme Court in its 2019-2020 term. In its most significant ruling, Bostock v. Clayton Country Georgia, the Court brought closure and clarity to an issue that the federal courts had struggled with for decades; holding that Title VII's ban on sex-based discrimination extends to claims of discrimination on the basis of sexual orientation, transgender status, and all other forms of gender identity. It resolved another circuit conflict in Comcast Corp. v. National Ass'n of African American-Owned Media, by ruling that mixed motive analysis is not available in suits brought under §1981. In Our Lady of Guadalupe School v. Morrissey-Berru, the Court expanded upon its prior articulation of the standard to be applied in determining whether a religious entity's employee constituted a "minister" for purposes of invoking the "church-minister" exception. And in Babb v. Wilkie, the Court held that federal employees, unlike private sector and nonfederal public employees, could assert a mixed motive claim to establish liability under the ADEA, but were required to prove that age was the "but for" cause of the alleged discriminatory act in order to obtain affirmative relief. Finally, among the lower court decisions added in this edition is Rizo v. Yovino, an important Equal Pay Act opinion by the Ninth Circuit sitting en banc which examines whether the use of market forces as a basis for setting salaries is a nondiscriminatory factor other than sex.
£239.20
West Academic Publishing Legal Protection for the Individual Employee
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£235.20
Lexington Books Ontological Branding: Power, Privilege, and White
Book SynopsisUsing Heideggerian tool ontology to investigate antiblack racism in the United States, Ontological Branding: Power, Privilege, and White Supremacy in a Colorblind World provides a novel account of race and racial justice. Bonard Iván Molina García argues that race is best understood as a tool to brand persons of color, particularly Black persons, as subordinate in order to privilege whiteness as the proper state of persons in a world created by and for persons and in which all (and only) persons are equal. Persons of color, particularly Black persons, are thus excluded from full participation in the rights and privileges of personhood and instead relegated to ways of being in service to the white world. This white supremacist system was created through law, and despite significant changes, U.S. law’s current approach to racial justice through colorblindness only serves to safeguard white supremacy. Racial justice instead requires a critical race consciousness that accounts for the ontology of race. Racial justice requires ontological justice.Table of ContentsIntroductionChapter 1: Tool OntologyChapter 2: Ontological BrandsChapter 3: A Genealogy of (White) AmericaChapter 4: The Pale and Inconspicuous PresenceChapter 5: Ontological Justice as Racial JusticeConclusionBibliographyAbout the Author
£65.70
Lexington Books Ontological Branding: Power, Privilege, and White
Book SynopsisUsing Heideggerian tool ontology to investigate antiblack racism in the United States, Ontological Branding: Power, Privilege, and White Supremacy in a Colorblind World provides a novel account of race and racial justice. Bonard Iván Molina García argues that race is best understood as a tool to brand persons of color, particularly Black persons, as subordinate in order to privilege whiteness as the proper state of persons in a world created by and for persons and in which all (and only) persons are equal. Persons of color, particularly Black persons, are thus excluded from full participation in the rights and privileges of personhood and instead relegated to ways of being in service to the white world. This white supremacist system was created through law, and despite significant changes, U.S. law’s current approach to racial justice through colorblindness only serves to safeguard white supremacy. Racial justice instead requires a critical race consciousness that accounts for the ontology of race. Racial justice requires ontological justice.Trade ReviewWith his analysis of "ontological branding," Bonard Iván Molina García illuminates the ways that racial power is exercised without the intent or decision of any actor at all, as just part of what is taken for granted within the dominant mode of consciousness that Molina García unpacks so well. Molina García's central idea, that being itself is central to and a factor in the grammar of racial ideology, draws on difficult philosophical concepts that he renders both accessible and compelling. Molina García makes important contributions to the study of how race works in a liberal society that proclaims itself colorblind. Ontological Branding is a powerful and sophisticated new work of critical race theory. -- Gary Peller, Georgetown UniversityA thoughtful, occasionally personal take on the complex and perennial problems of racial identity, subordination, and law. Using a classic philosophical approach to theories of being, Bonard Molina García invites us to think about what is so special about being a person, and therefore what is so destructive about the legacy and burdens of racism. -- Alexandra Natapoff, Harvard Law SchoolOntological Branding offers some important insights on the superstructure of inequality in America and beyond, demonstrating how racism and other forms of oppression can persist beyond the conscious acts of malicious individuals. Here is a framework worth expanding upon in future scholarship, especially as regards the role of class throughout history, given that the bodies of serfs or the proletariat were literally regarded as tools for their rulers and employers. Molina García offers a real model for the application of Heidegger’s tool ontology far beyond matters of race and American history, potentially reshaping how we regard the nature of oppression at large. * Marx and Philosophy Review of Books *Table of ContentsIntroductionChapter 1: Tool OntologyChapter 2: Ontological BrandsChapter 3: A Genealogy of (White) AmericaChapter 4: The Pale and Inconspicuous PresenceChapter 5: Ontological Justice as Racial JusticeConclusionBibliographyAbout the Author
£27.00
Fairleigh Dickinson University Press Malevolent Legalities
Book SynopsisMalevolent Legalities draws upon archival research conducted at the Scalia Papers at the Harvard Law School Historical and Special Collections to examine the influence of Justice Antonin Scalia's judicial philosophy of textualist-originalism on the US Supreme Court's antidiscrimination jurisprudence. The book focuses on six US Supreme Court cases, organized into two parts. The main argument of the book, grounded in archival and legal materials, is that textualist-originalism makes it lawful for discrimination to be performed through the text, and explicitly seeks to prevent progress by enacting a regime of static law. In Shelby County v. Holder (2013), Justice Ginsburg remarked that discrimination today behaves like the Hydra, the many-headed serpent in Ancient Greek mythology which regenerates each time its head is severed. The analysis of archival and legal materials is therefore prefaced by the development of a unique methodology for studying discrimination called discriminatology, understood as a framework for analyzing how discrimination persists through time, is performed through the text, and is a product of the manipulation of legal speech. In this way, Malevolent Legalities approaches the study of textualist-originalism as itself a vehicle for discrimination performed mala fide or in bad faith.
£92.00
West Academic Publishing Labor Law
Book SynopsisThe Seventeenth Edition makes a number of significant changes to its predecessor, reflecting the evolution of the law relating to employers, employees, and unions in a dynamic economy and polarized political environment. This edition includes new decisions of the National Labor Relations Board appointed by President Trump, which has departed in many, significant ways from the approach of the Board under the Obama Administration. The Trump Board's starkly different outlook on the role of labor law in the contemporary workplace is reflected in its overturning or reversing precedents on many key issues, such as protections for employee electronic communications, accountability for employers in "fissured" enterprises, and treatment of various other employer restrictions on collective employee activity. The book also contains judicial decisions addressing these developments, evincing the growing conflicts over the role of labor unions in society.This edition supplies a comprehensive revision in light of major legal shifts occurring from 2016 through 2020, notably Newly revised NLRB representation election rules SuperShuttle and more, addressing the distinction between employees and independent contractors The Boeing Company, adopting a new and markedly different framework for analyzing whether facial neutral workplace rules interfere with Section 7 rights, including rules addressing matters such as employee use of cameras in the workplace and workplace civility standards Caesars Entertainment, reverting to the Board's prior approach (under The Register Guard) to rules on employee use of employer email for concerted activity The NLRB General Counsel's advocacy of stricter limitations on neutrality agreements Newly enacted rules overturning Browning-Ferris and narrowing the scope of joint employer status Alstate Maintenance, seemingly narrowing the scope of concerted activity for mutual aid or protection Epic Systems, in which the Supreme Court rejected the Board's decision in Murphy Oil, thereby unwinding protection against contractual waivers of the capacity to participate in group arbitration or adjudication of employment-related claims General Motors, adopting a new approach to determining when allegedly abusive conduct loses protection under Section 7. MV Transportation, abandoning the "clear and unmistakable" standard for determining whether a CBA waives the duty to bargain and replacing it with a "contract coverage" standard. New discussion problems and exercises throughout the text offer students the opportunity to engage with this new material, illustrating how exciting and challenging the study of labor law is today.
£239.20
Athabasca University Press Unsettling Colonialism in the Canadian Criminal
Book SynopsisCanada's criminal justice system reinforces dominant relations of power and further entrenches the country in its colonial past. Through the mechanisms of surveillance, segregation, and containment, the criminal justice system ensures that Indigenous peoples remain in a state of economic deprivation, social isolation, and political subjection. By examining the ways in which the Canadian justice system continues to sanction overtly discriminatory and racist practices, the authors in this collection demonstrate clearly how historical patterns of privilege and domination are extended and reinforced.
£26.35
Intersentia Ltd Equal is not Enough
Book Synopsis'Equal is not Enough' is the title of a series of conferences that has aimed, over the years, to generate a better understanding of what shapes and reshapes inequalities by inviting and promoting multi-disciplinary insights and reflection. One of the conferences hosted at Antwerp University in February 2015 focused on discrimination law. The conveners welcomed papers on the relationship between social policy and discrimination law (or closely related human rights issues), which investigate the tensions and (in)compatibilities between the respective aims and tools of social policy and discrimination law. They were particularly interested in contributions that transcend legal technicalities and reflect on the function of discrimination law as part of a wider social policy in the European Union and its member states. Following a very strict selection procedure conducted by the editors and rigorous peer review, a collection of papers from the conference now appears in this book, Equal is not Enough, which takes its name from the title of the conference. In short, within this volume, the reader will find a selection of high-quality papers presented at this conference, organised by the Flemish Policy Research Centre on Equality Policies (a consortium of the Universities of Antwerp, Brussels, Ghent, Hasselt and Leuven). This publication is aimed at researchers, but it will also be of interest to practitioners of discrimination law who would like to enhance their scientific background.
£40.85
Intersentia Ltd Collective Reparations: Tensions and Dilemmas
Book SynopsisAlthough international human rights law establishes the individual right to receive reparations, collective reparations have been considered a common response from judicial and non-judicial bodies to reparations for victims of gross violations of human rights. As such, collective reparations have been awarded within the field of international human rights law, international criminal law and transitional justice. Yet the concept, content and scope of collective reparations are rather unspecified. To date, neither the judicial nor the non-judicial bodies that have granted this kind of reparations have ever defined them.This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations. In order to do so, the book analyses specific case law from the Inter-American Court of Human Rights, the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia. Additionally, the practices of non-judicial mechanisms were examined, specifically those of the Peruvian and Moroccan Truth Commissions and of two mass claims compensation commissions (the United Nations Compensation Commission and the Eritrea-Ethiopia Claims Commission). Finally, it provides an overview of the challenges that collective reparations present to the fields of international human rights law and international criminal law, including in their implementation.
£80.75
Eye Books In the Beginning
Book SynopsisFrom the author of The End of the World is Flat. The Terg wars are over. Now meet the Yerfs. 'Brilliant! Perfectly captures both the absurdity and horror of this madness' - Gareth Roberts When Tara Farrier returns to the UK after a long spell as an aid worker in war-torn Yemen, she’s hoping for a well-deserved rest. But a cultural battleground has emerged while she’s been away, and she’s unprepared for the sensitivities of her new colleagues at an international thinktank. A throwaway reference to volcanic activity millions of years ago gets her into hot water and she discovers she belongs to the group reviled by fashionable activists as ‘Young Earth Rejecting Fascists’, or ‘Yerfs’. Faster than she can say ‘Tyrannosaurus Rex’, she is at the centre of a gruelling legal drama. In the keenly awaited follow-up to his acclaimed The End of the World is Flat, Simon Edge stabs once again at modern crank beliefs and herd behaviour with stiletto-sharp satire.Trade Review'Brilliant! Totally gripping, perfectly capturing both the absurdity and horror of this madness. I laughed out loud lots and I got quite emotional - with both anger and joy' Gareth Roberts, author of Gay Shame; 'The world is not beyond satire. I know this thanks to Simon Edge' Jonathan Kay, Quillette
£9.49
Edward Elgar Publishing Ltd Comparative Equality and Anti-Discrimination Law,
Book SynopsisThis revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. ZhouTrade Review'This book provides a unique contribution to the practice of equality and non-discrimination in different jurisdictions. It fosters a strategic use of comparative law. Such a global approach to anti-discrimination law promotes the diffusion of legal arguments which transform the principle of equality. A must read for lawyers and academics eager to achieve social justice.' --sabelle Rorive, Université Libre de Bruxelles, Belgium'Comparative Equality and Anti-Discrimination Law stands out for its carefully-curated selection of materials, its genuinely international range of reference, and the rigour of its editorial content. Equality and discrimination law has put down deep roots in multiple different legal systems: this book provides an invaluable overview of the conceptual debates that surround its development.' --Colm O'Cinneide, University College London, UKTable of ContentsContents: 1. What is Equality in the Law 2. Sources of Equality Law 3. Employment Discrimination In The United States 4. Employment Discrimination in Europe 5. Employment Discrimination in Brazil, India, China, Hong Kong, South Africa, Australia, and Israel 6. Harassment as Employment Discrimination 7. Affirmative Action in the United States 8. Affirmative Action In Europe 9. Global Affirmative Action 10. Parity Democracy: Affirmative Action in the Regulation of Decision-Making 11. Marriage Equality In The United States 12. Marriage Equality Around the Globe 13. Equality and Hate Speech 14. Equality and Religion: Secularism and Establishment 15. Equality and Religion: Free Exercise of Religion for Religious Minorities in the United States and India 16. Religious Expression Through Clothing in The 21st Century 17. Equality and Reproductive Rights 18. Equality and the Rights of Persons with Disabilities Index
£174.80
Edward Elgar Publishing Ltd Comparative Equality and Anti-Discrimination Law,
Book SynopsisThis revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. ZhouTrade Review'This book provides a unique contribution to the practice of equality and non-discrimination in different jurisdictions. It fosters a strategic use of comparative law. Such a global approach to anti-discrimination law promotes the diffusion of legal arguments which transform the principle of equality. A must read for lawyers and academics eager to achieve social justice.' --sabelle Rorive, Université Libre de Bruxelles, Belgium'Comparative Equality and Anti-Discrimination Law stands out for its carefully-curated selection of materials, its genuinely international range of reference, and the rigour of its editorial content. Equality and discrimination law has put down deep roots in multiple different legal systems: this book provides an invaluable overview of the conceptual debates that surround its development.' --Colm O'Cinneide, University College London, UKTable of ContentsContents: 1. What is Equality in the Law 2. Sources of Equality Law 3. Employment Discrimination In The United States 4. Employment Discrimination in Europe 5. Employment Discrimination in Brazil, India, China, Hong Kong, South Africa, Australia, and Israel 6. Harassment as Employment Discrimination 7. Affirmative Action in the United States 8. Affirmative Action In Europe 9. Global Affirmative Action 10. Parity Democracy: Affirmative Action in the Regulation of Decision-Making 11. Marriage Equality In The United States 12. Marriage Equality Around the Globe 13. Equality and Hate Speech 14. Equality and Religion: Secularism and Establishment 15. Equality and Religion: Free Exercise of Religion for Religious Minorities in the United States and India 16. Religious Expression Through Clothing in The 21st Century 17. Equality and Reproductive Rights 18. Equality and the Rights of Persons with Disabilities Index
£59.80
Edward Elgar Publishing Ltd Race, Gender and Contemporary International Labor
Book SynopsisMigrant workers around the world are subject to exploitative labor practices that give employers extraordinary bargaining power. This book brings together researchers, practitioners, and advocates who explore the many ways that contracted migrant workers are rendered vulnerable in the workplace. In this book, the term ‘21st-century coolie’ is deployed as a heuristic device that foregrounds the deeply unequal structures shaping the transnational flows of short-term, migrant workers. The term ‘coolie’ harkens back to the labor arrangements of earlier centuries that involved conscripted labor, indentured servitude, and contract labor across national borders. Like those of past centuries, today’s ‘coolies’ are subject to legal constraints inside and outside the employment relationship that force them into subjugated positions within the workplace.The chapters of this anthology situate contemporary global migration regimes in histories of colonization, uncover their racialized as well as gendered nature, and examine the role of nation-states in perpetuating conditions of extreme exploitation. The permeability, mutability, and durability of racial capitalism is revealed through an interdisciplinary and practice-oriented lens.Law and social science students in graduate courses on migration, labor, employment, employment discrimination, and race and the law will gain a deeper understanding of the issues facing migrant workers today, as will students in humanities, performance studies, narrative studies, and communication studies.Table of ContentsContents: PART I MIGRANT WORKERS, GLOBAL RACIAL CAPITALISM AND UNFREEDOM 1 Introduction to Race, Gender and Contemporary International Labor Migration Regimes 2 Robyn Magalit Rodriguez 2 The narrative of ethno-racial labor competition and employee choice 21 Leticia Saucedo PART II THE RETURN OF THE BRACERO PROGRAM? H-VISA HOLDERS IN THE UNITED STATES 3 Bringing back the Bracero Program: the migration industry in the recruitment of H-2 visa workers 35 Rubén Hernández-León, Efrén Sandoval Hernández and Lidia Muñoz Paniagua 4 Delegating discrimination in the temporary worker visa programs 63 Jennifer J. Lee and Rachel Micah-Jones 5 Tech coolies: Indian scientists and engineers entering the United States on H-1B visas 89 Roli Varma PART III LEGAL AND ORGANIZING STRATEGIES FOR U.S. IMMIGRANT AND MIGRANT WORKERS 6 Workers with temporary protected status: the value and limits of delinking immigration and employment status 110 Shannon Gleeson and Kati Griffith 7 Garment worker organizing in Los Angeles 124 Mar Martinez and Mercedes Cortez 8 Emerging forms of organization for precarious migrant workers 130 Ken Wang PART IV DOMESTIC WORKERS AND THE POLITICS OF REPRESENTATION 9 Domestic workers and storytelling advocacy: competing visions of migrant worker organizing 152 Sujatha Fernandes 10 Aesthetics of precarity: racial performativity in the archive of migrant domestic work 174 Maria Eugenia López PART V THE COMPLEXITIES OF GLOBAL PROCESSES FOR WORKERS 11 Sustaining inequality: the incorporation of migrant remittances in the Philippine political economy 192 Suzy Lee Index
£94.05
Lexington Books The Dark Side of the Criminal Justice System: War
Book SynopsisThe high rates of Black arrests and incarceration from 1960-1990 were a direct result of deliberate government policies and a zealous criminal justice system, under the patriotic umbrella of the War on Crime. This stateside war shared a lot of similarities with the Vietnam war happening simultaneously: racism and extreme cruelty towards those seen as the enemy, deprecation of the others' culture, forceful use of a militarized police with combat experience, repeated failure to observe human rights, and mass incarceration. Unfortunately, this conflict continued long after the Vietnam war ended. This book reviews those dark times, analyzing it’s causes, short- and long-term effects, and calls for change.Table of ContentsIntroduction: Rules of EngagementChapter 1: Ministries of TerrorChapter 2: Black People Under the GunChapter 3: Just for That, I’m Gonna Smash Your Face InChapter 4: Criminal Court Judges Have a God ComplexChapter 5: No Convict’s Story Ends HappilyChapter 6: Snoops & SnitchesChapter 7: Ivory Towers Are White for a ReasonChapter 8: Results of a Harlem Survey (on the Criminal Justice System)
£76.50
Lexington Books The Dark Side of the Criminal Justice System: War
Book SynopsisThe high rates of Black arrests and incarceration from 1960-1990 were a direct result of deliberate government policies and a zealous criminal justice system, under the patriotic umbrella of the War on Crime. This stateside war shared a lot of similarities with the Vietnam war happening simultaneously: racism and extreme cruelty towards those seen as the enemy, deprecation of the others' culture, forceful use of a militarized police with combat experience, repeated failure to observe human rights, and mass incarceration. Unfortunately, this conflict continued long after the Vietnam war ended. Ronald L. Morris reviews those dark times, analyzing their causes, short- and long-term effects, and calls for change.Table of ContentsIntroduction: Rules of EngagementChapter 1: Ministries of TerrorChapter 2: Black People Under the GunChapter 3: Just for That, I’m Gonna Smash Your Face InChapter 4: Criminal Court Judges Have a God ComplexChapter 5: No Convict’s Story Ends HappilyChapter 6: Snoops & SnitchesChapter 7: Ivory Towers Are White for a ReasonChapter 8: Results of a Harlem Survey (on the Criminal Justice System)
£27.00
Pavilion Publishing and Media Ltd Autism and the Law
Book SynopsisWritten by a leading author and researcher on autism with contributions from an autistic legal expert, this definitive handbook provides guidance on the rights of autistic people and their families across the lifespan. Cover design by Daisy Whittle
£35.00
The University of Law Publishing Limited Employment Law 2025
Book Synopsis
£37.04
Directory of Social Change Age Discrimination
Book SynopsisThis guide is for those who know that the ostrich attitude leaves talent untapped and that to be on the wrong side of the law is expensive in time, money, relationships and reputation. The book includes: the essentials of unlawful age discrimination as in the 2006 Regulations; advice on what to include in policy on age discrimination; how to avoid age discrimination complaints; and, guidance on how to turn policy into practice throughout your organization. In the Speed Read series: this book is handy, affordable and concise. It includes top tips, case studies and clear signposts to other sources of information.
£8.95
Spiramus Press Equality and Anti-Discrimination Law: The
Book SynopsisEquality and Anti-Discrimination Law covers The Equality Act 2010 and other anti-discrimination protections both within the UK legislation and in the context of EU law.The UK's approach to ensuring equality for the workforce is notoriously difficult to navigate, with various aspects of protection being contained and discussed across a range of statutory and non-statutory instruments. Although the Equality Act 2010 is often viewed as central to the equality laws of the UK, there are other key areas that must also be borne in mind, including atypical worker protection and family friendly regulation: each of these are discussed to sufficient detail to enable the reader to gain a working understanding of how each operates.In considering each of these key areas this text attempts to decipher and navigate each of them with the end user in mind. The protections, and the thresholds that need to be satisfied to acquire the protections, are broken down into their constituent parts and analysed using key case law and relevant codes of practices with a view to ensuring that their practical use is understood by the reader. Through adopting this approach the book ensures that the reader gets to grips with key concepts that protect on an equality footing.The text takes account of case law from both UK courts, and European Courts where this is needed. This helps show the interaction that UK and EU law has in the area of equality law, and that the systems are interdependent to some extent.For those wishing to go beyond the simple practical application of the law the text touches upon a number of academic debates that exist in the area of equality law, to further stimulate those with an interest in the law, but further to highlight some of the perceived weaknesses that exist with the UK's current approach to equality protection, and whets the appetite for further discussion.Table of Contents Contents List of abbreviations Table of authorities 1. Introduction to Equality Law 1.1. The legal landscape 1.2. Purpose of this text 1.3. Structure 2. Development of Non-Discrimination/Equality Protection 2.1. European Union Level 2.2. European Convention of Human Rights 2.3. National Level 3. Defining Equality 3.1. Introduction 4. The Equality Act 2010 4.1. Public Sector Equality Duty 4.2. Combined Discrimination 4.3. Direct Discrimination 4.4. Indirect Discrimination 4.5. Harassment 4.6. Victimisation 4.7. Vicarious Liability of Employers 4.8. Instructions to Discriminate and aiding a contravention 4.9. Discriminatory Advertisements 4.10. Disability Discrimination Protections 5. Defences 5.1. Genuine Occupational Requirements 5.2. Positive Action 5.3. Statutory Defence 5.4. Illegal contracts 5.5. National Security 6. Scope of the Equality Act 2010 6.1. Working Arrangments 7. Protected Grounds 7.1. Age 7.2. Disability 7.3. Gender Reassignment 7.4. Marriage and Civil Partnership 7.5. Race 7.6. Religion or Belief 7.7. Sex 7.8. Sexual Orientation 7.9. Pregnant Workers and Maternity 8. Evidencing Unlawful Discrimination 8.1. Burden of Proof 8.2. Presentation of a Complaint 9. Remedies for Direct and Indirect Discrimination, Harassment and Victimisation Claims 9.1. Compensation for direct discrimination, harassment and victimisation claims 9.2. Recommendation 9.3. Declaration 10. Equal Pay 10.1. Introduction 10.2. The Gender Pay Gap 10.3. The Scope of the Equal Pay Protections 10.4. The Sex Equality Clause 10.5. Choosing a Suitable Comparator 10.6. The Genuine Material Factor Justification 10.7. Bringing a Claim 10.8. Remedying Equal Pay Claims 10.9. Conclusions on Equal Pay 11. Family Friendly Policy 11.1. Introduction 11.2. Right to Request Flexible Working 11.3. Maternity, Paternity and Adoption Rights 11.4. Conclusions on family friendly policies 12. Atypical Worker Protection: 12.1. Introduction 12.2. Part-Time Worker Protection 12.3. Fixed-Term Workers 12.4. Conclusions 13. Concluding Remarks Index
£45.93
Spiramus Press TUPE: Law & Practice
Book SynopsisA cascade of TUPE cases, notably and centrally upon the service provision change, and the subsequent enactment of the Collective Redundancies and the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 by the UK Government, have made necessary this fourth edition of TUPE: Law & Practice.The new 2014 Amendment Regulations, in force from 31 January 2014, are intended to clarify the issues raised by recent cases and also to reduce the burdens on employers of small enterprises.This guide provides analysis of the new 2014 TUPE Amendment Regulations including: The scope to service provision changes (i.e. outsourcing/contracting-out and in), as well as clarification of the Regulation 3. Key changes relating to transfer dismissals and changes to terms and conditions. Pensions obligations under TUPE. Clarified joint consultation rights. The confusing application of TUPE where the transferor is insolvent. Lawyers, politicians and policymakers, HR practitioners, as well as academics, will find this book brings them up to speed on TUPE. This book aims to keep pace with these changes, providing practical advice and cutting edge analysis.Table of Contents PREFACE CONTENTS TABLES OF AUTHORITIES GLOSSARY OF TERMS 1. TUPE IN CONTEXT 1.1. TUPE or not TUPE? 1.2. The Original (1977) Directive 1.3. The original TUPE Regulations - 1981 2. EMPLOYMENT RIGHTS UNDER TUPE 2.1. 1998 ARD 2.2. UK’s Pre-Existing Law before TUPE 1981 2.3. The former TUPE Regulations 1981 2.4. ECJ’s Case Law: 1985-2006 2.5. UK judicial guidance, 1987-2006 2.6. Consultation rights conundrum of 1996 2.7. Key TUPE Provisions on Collective rights 2.8. The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 2.9. Practical Issues post-1999 Consultation Regulations 2.10. Revising the Directive 2.11. Amended Directive – 1998 3. PENSIONS AND TUPE 3.1. The Pensions Exclusion 3.2. The ECJ and Pensions Rights under TUPE 3.3. Whitney v Monster Worldwide Ltd 3.4. Pensions and Public Sector Transfers 3.5. TUPE and the Pensions Act 2004 3.6. TUPE and the Auto-enrolment Regime 4. TUPE AND INSOLVENCY 4.1. The Old Regime 4.2. “Hiving-down” 4.3. The meaning of ETO in insolvency situations 4.4. Insolvency under the 2006 regime & beyond 4.5. Pre-Pack insolvency 4.6. Permitted variations of terms and conditions of employment 4.7. Notification requirements 4.8. Misuse of insolvency proceedings 4.9. Insolvency and TUPE Working Together? 5. SERVICE PROVISION CHANGES AND TUPE 5.1. What is service provision change (aka ‘out-sourcing’)? 5.2. Workforce matters in local authority contracts: Best Value 5.3. Contracting-Out and TUPE 5.4. Ordinary Transfers versus Contracting-Out Transfers 5.5. Practical Issues on TUPE with Contracting-Out 5.6. SPC, TUPE and the Law 5.7. The ‘ETO’ Defences and contracting 5.8. Recent developments on SPC 6. TUPE 2014 and beyond 6.1. TUPE Regulations 6.1.1. Types of Transfer 6.1.2. Effect of Relevant Transfers 6.1.3. Collective Agreements and Trade Union Recognition 6.1.4. Employee Dismissal 6.1.5. Pensions 6.1.6. Employee Liability Information 6.1.7. Election of Employee Representatives 6.1.8. Failure to Inform or Consult 6.1.9. Restriction on Contracting Out 6.2. TUPE and Business Transactions 6.3. Due Diligence 6.4. Negotiation of the Contractual Terms 6.5. Other issues Further References Useful Websites APPENDIX 1: COUNCIL DIRECTIVE 98/50/EC APPENDIX 2: TUPE REGULATIONS 2006 APPENDIX 3: TUPE AMENDMENT REGULATIONS 2014
£58.50
Watkins Media Limited The Equal Opportunities Revolution
Book SynopsisThe Equal Opportunities Revolution explains why bosses took equal opportunities on board just as they were tearing up union rights at work. It asks why greater rights led to greater inequality, and why advances in race and sex equality ran alongside social inequality. It shows how the equal opportunities revolution became the general model for workplace relations in the decades that followed, and how it did not challenge, but rather perfected the liberalisation of labour law. The right won the economic war, the left won the culture war - and this book explains how.
£8.99
Lawrence & Wishart Ltd Trico: A Victory to Remember: The 1976 Equal Pay
Book SynopsisThis is the story of the historic 21 week equal pay strike at Trico-Folberth in Brentford, West London, in 1976. TRICO - A Victory to Remember is indispensable to understanding how the 1970s marked a turning point in making women's rights a central focus for the labour movement, casting aside the minor role women were allocated in the mainstream. No longer could women's rights be given mere lip service. The strike was trail-blazing in many ways. It was the first time American-style picket-busting convoys of lorries and scab labour had been used against strikers who were mainly women. The employer, Trico, relied on legal loopholes in the new Equal Pay Act in presenting the case to a tribunal, which was boycotted by the strikers' trade union, the AUEW. However, despite the tribunal ruling in favour of the employer, the union nevertheless successfully negotiated equal pay. This achievement was unique, and led towards the Equal Pay Act being amended in 1983. The story of the strike, illustrated with stunning archive photos mostly unseen for over forty years, charts the women's campaign from its beginnings to their final victory, including anecdotes from some of those involved. There is a brief history of the struggle for equal pay in Britain, and a chapter on the relevance of the Trico dispute to today's society. Author Sally Groves worked at Trico from 1975 - 1980 on assembly and then as a trainee tool setter. She was one of the women on strike in 1976, and became the Trico AUEW Strike Committee's Publicity Officer. This book will inspire women everywhere; trade unionists and anyone suffering as a result of the gig economy. It will be of particular interest to those studying and researching issues of women's equality.Table of ContentsA Foreword ... From the Past Foreword: 2017 Part One: Getting Organised Disturbing the Peace Where is Our Equal Pay? Explosion! The Early Days Hot for Equality We're on Sex Strike Say Wives in Equal Pay Strike!' Out on the Costa del Trico Into Top Gear Part Two: The Battle Rages Strike Breakers Incorporated More Twists and Turns They Shall Not Pass `Battle at the Trico Gates `We Don't Know Anything...' Part Three: The Reckoning More Determined Than Ever Tribunal Trickery Decisive Days Trico in Trouble If It's a Wiper - Black It! Stepping up the Fight `Sardine Sydney' Victory! Forty Years On - What Lessons for Today? Fighting for Our Rights
£23.75
University of Westminster Press The Long Walk to Equality: Perspectives on Racial
Book SynopsisIn 1965 the UK enacted the Race Relations Act while the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) opened for signature and ratification.
£21.84
Robert D. Reed Publishers Handling Employment for Bosses and Supervisors:
Book SynopsisHandling Employment B.S. is a plain-spoken, interesting and sometimes humorous compilation of the most common employment problems confronting bosses/supervisors throughout the world. The primary goal is to disseminate knowledge and training to bosses/supervisors to avoid the day-to-day problems encountered in the employment relationship, and employment litigation and employment administrative claims.It is estimated that one out of three bosses/supervisors will be involved in claims during their careers, frequently in the six and seven digit numbers, which can literally destroy a business, oftentimes with bosses or supervisors initially oblivious they were in violation of any laws. Geoffrey Hopper avoids the use of legalese when covering methodologies in terminating individuals' employment, wage and hour issues, union organizing activities, workers' compensation problems, etc. The book also delivers ideas and suggestions on how to get the most from employees by bosses/supervisors as well as providing to employees tremendous insights as to their own working environment and ways for them to improve their own work environment as well.
£16.16
Forefront Books Just Harvest: The Story of How Black Farmers Won
Book Synopsis
£18.89
Duncker & Humblot GmbH Neue Wege Zur Entgeltgleichheit Zwischen Frauen
Book Synopsis
£95.92
Food & Agriculture Organization of the United Nations (FAO) Developing gender-sensitive value chains: a
Book SynopsisThis publication aims to facilitate the systematic integration of gender equality dimensions into value chain (VC) development programmes. It raises awareness about gender inequalities and discusses the importance of addressing these dimensions in VC development, while also building a common approach towards work on gender-sensitive VC development. Despite the many advantages of addressing social inequality, gender dimensions often remain overlooked in agricultural development programmes. VC development practitioners may find it challenging to mainstream gender within their work, either because they are unaware of the relevance of gender dynamics to VCs, or because they need technical support in translating gender equality objectives into concrete actions in the implementation of programmes. This framework, companion to the publication, Developing gender-sensitive value chains: Guidelines for practitioners, aims to respond to this gap by raising awareness, building a common approach, and providing concrete guiding principles.
£25.60
