Documents discrimination 755 results

"Die Autorin unserer Studie, die Sozialwissenschaftlerin Sandra Siebenhüter, leuchtet in das Blackbox-System Leiharbeit hinein. Sie hat qualitative Daten recherchiert, die es so bisher noch nicht gab und die so manche politische und ökonomische Erfolgsmeldungen in einem zweifelhaften Licht erscheinen lassen.
Durch 116 Interviews mit einer Vielzahl von Akteuren aller relevanten Bereiche der Leiharbeit hat sie tiefe Einblicke in den (Leih-)Arbeitsalltag von Menschen in Deutschland erhalten. Durch den starken Bezug zur Rolle von Leiharbeitern mit Migrationshintergrund, hat sie sich in der Studie den alltäglichen Problemen einer Gruppe genähert, die in den Statistiken der Bundesagentur gar nicht explizit erscheint, obwohl sie in der Leiharbeit überproportional häufig vertreten ist."

"This article explores how anti-discrimination law has been applied in relation to employment discrimination faced by people with intellectual disabilities. Although disability discrimination laws are now found in many states, there has been relatively little litigation by those with intellectual disabilities as regards employment discrimination. This article examines experience in the USA in order to identify the potential of anti-discrimination law, as well as its limitations in practice. It considers litigation brought by individual plaintiffs, as well as enforcement actions by public bodies. This concerns employment in the open labour market, but also sheltered employment schemes. The article concludes by reflecting on what lessons may be derived from US experience."

"Workers subject to algorithmic management, both in platform work and in conventional employment settings, often face a justice gap in enforcing their rights, due to the opacity characterizing most automated algorithmic decision-making processes. This paper argues that trade unions are in a more favourable position than individual workers to fill this justice gap through litigation, especially when collective redress mechanisms are available. However, this becomes possible only when the legal system is favourable to this type of litigation. This article analyses three legal domains at EU level where justiciable rights are more likely to be violated through algorithmic management devices, in order to assess whether it is legally feasible for trade unions to promote algorithmic litigation under EU law.

Even when the legal framework is conducive to this type of litigation, it cannot be automatically expected that trade unions will more frequently resort to it to better enforce the rights of workers subject to algorithmic management devices. Previous research shows that trade unions are traditionally keen on turning to litigation only when they are able to link it to their broader strategies. This paper claims that this may be the case against employers using algorithmic management. For trade unions, resorting to litigation can be strategically instrumental not only to fulfil the legal purpose of alleviating the justice gap faced by workers through a better ex post enforcement of their rights, but also to achieve the meta-legal purpose of mobilizing them and the para-legal purpose of strengthening collective bargaining, especially considering that this would constitute an effective means to induce stronger ex ante compliance."

"This 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 hiring 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."

"This thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency.
Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for 'exponential inequalities' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have a rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010.

Exponential Inequalities offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency."

"Britain is broken, but how did it become so divided?
Britain was once the leading economy in Europe; it is now the most unequal. In A Shattered Nation, leading geographer and author of Inequality and the 1% shows that we are growing further and further apart. Visiting sites across the British Isles and exploring the social fissures that have emerged, Danny Dorling exposes a new geography of inequality. Middle England has been hit hard by the cost-of-living crisis, and even people doing comparatively well are struggling to stay afloat. Once affluent suburbs are now unproductive places where opportunity has been replaced by food banks. Before COVID, life expectancy had dropped as a result of poverty for the first time since the 1930s.
Fifty years ago the UK led the world in child health; today, twenty-two of the twenty-seven EU countries have better mortality rates for newborns. No other European country has such miserly unemployment benefits; university fees so high; housing so unaffordable; or a government economically so far to the right. In the spirit of the 1942 Beveridge Report, Dorling identifies the five giants of twenty-first-century poverty that need to be conquered: Hunger, Precarity, Waste, Exploitation, and Fear. He offers powerful insights into how we got here and what we must do in order to save Britain from becoming a failed state."

"This article considers the regulation of menopause-related discrimination in the workplace. Many menopausal women experience profound workplace inequalities, often connected with the intersection of ageism and sexism. The United Kingdom Parliament's Women and Equalities Committee (WEC) recently recommended that the government consult about a new protected characteristic, ‘menopause', and that Section 14 of the Equality Act 2010 (EqA) on dual discrimination be brought into force. The government has rejected these recommendations, asserting that menopausal women are sufficiently protected under the EqA's existing provision. This article presents an alternative perspective, arguing that there is insufficient legal protection from menopause discrimination, with it fitting poorly within age, sex, and/or disability discrimination, and there being no facility for intersectional claims. The WEC is correct: Section 14 should be implemented, ‘menopause' should be a protected characteristic, and, beyond that, the EqA needs wider reform to provide greater protections from discrimination, beyond inflexible identity categories that fail to allow for complex intersecting structural oppressions."

"Quand les salarié·es du privé n'obtiennent pas la reconnaissance de leur accident du travail ou de leur maladie professionnelle, elles et ils peuvent saisir le juge pour contester le refus de la Sécurité sociale. À partir d'une enquête dans huit tribunaux, l'article étudie comment la mise en œuvre du droit reproduit ou atténue les effets inégalitaires de la division sexuée du travail et des expositions aux risques professionnels. Les requérant·es, majoritairement de classes populaires, partagent la même dépossession à l'égard de leur procédure mais ont des chances inégales d'obtenir gain de cause selon leur sexe. Les juges, qui revendiquent une neutralité dans le traitement des femmes et des hommes, contribuent par leurs décisions à produire des discriminations indirectes à l'égard des travailleuses en appliquant un droit standard, et souvent construit au masculin neutre, à des situations distinctes et inégalitaires de fait et en renforçant une hiérarchie genrée des maux du travail."