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Article
Publication date: 11 May 2020

Hoon Choi

This paper examines whether and how labour market duality can be alleviated through legislation that prohibits discrimination based on employment type.

Abstract

Purpose

This paper examines whether and how labour market duality can be alleviated through legislation that prohibits discrimination based on employment type.

Design/methodology/approach

In 2007, the Korean government undertook a labour reform banning discriminatory treatment against fixed-term, part-time and dispatched workers. By exploiting a gradual implementation of the anti-discrimination law by firm size targeting a subset of non-regular workers, the paper identifies the treatment effects of the anti-discrimination law, taking a difference-in-difference-in-differences approach.

Findings

The results suggest that the anti-discrimination law significantly increases hourly wages and the probabilities of being covered by national pension, health insurance, and employment insurance for targeted non-regular workers in small firms relative to other workers. Anticipatory behaviours of employers and selective transitions of employees in response to the implementation of the anti-discrimination law do not underlie the estimated effects. The presence of labour unions contributes to reducing gaps in labour conditions between regular workers and targeted non-regular workers.

Originality/value

The main contribution of this paper is to provide empirical evidence on causal impacts of equal pay legislation on the gaps in labour conditions between different categories of workers, using a difference-in-difference-in-differences estimation.

Details

International Journal of Manpower, vol. 41 no. 8
Type: Research Article
ISSN: 0143-7720

Keywords

Article
Publication date: 19 September 2016

Michelle Hebl, Laura Barron, Cody Brent Cox and Abigail R. Corrington

The purpose of this paper is to summarize the limited body of research that focuses on the efficacy of sexual orientation anti-discrimination legislation in reducing…

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Abstract

Purpose

The purpose of this paper is to summarize the limited body of research that focuses on the efficacy of sexual orientation anti-discrimination legislation in reducing discrimination.

Design/methodology/approach

Reviews past research that documents overt and subtle forms of workplace discrimination against gay, lesbian, and bisexual individuals and describes how legislation plays an important role in changing social norms and underlying attitudes.

Findings

Empirically demonstrates that legislation effectively can reduce discrimination.

Originality/value

Informs legislative debate and promotes the expansion and adoption of national, state, and local legislation on sexual orientation anti-discrimination legislation.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 35 no. 7/8
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 15 February 2013

Wen Li Chan and Hsin‐Vonn Seow

Achieving equal treatment of credit applicants has been a legitimate concern of legislators and the credit industry. However, measures taken to date in attempting to comply with…

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Abstract

Purpose

Achieving equal treatment of credit applicants has been a legitimate concern of legislators and the credit industry. However, measures taken to date in attempting to comply with anti‐discrimination laws arguably do not allow for the most effective use of credit scoring models, and could run counter‐intuitive to the intention of legislation through indirect discrimination. The purpose of this paper is to offer an alternative interpretation that preserves the intention of legislation and also retains the integrity and effectiveness of credit scoring models.

Design/methodology/approach

The paper makes a legal analysis of anti‐discrimination laws in the UK, with US law as a comparison, aiming to demonstrate that concerns in using information protected under anti‐discrimination laws as variables may be misplaced, because nothing in these laws precludes the inclusion of all relevant variables in modelling.

Findings

The inclusion of variables representing protected characteristics in credit scoring models may not contradict current anti‐discrimination laws.

Research limitations/implications

Limitations exist from the perspectives of customer relationship and the need for further checks and balances. Conclusive validation of the findings will need to come from the courts. The paper provides a springboard for empirical research on whether the inclusion of variables representing protected characteristics in credit scorecards continues to produce better decision‐making models.

Practical implications

The findings benefit credit risk modelling as a whole in facilitating the development of credit scorecards that are in compliance with anti‐discrimination laws, without sacrificing their effectiveness.

Originality/value

The paper presents a fresh perspective and alternative solution to legal concerns regarding the use of protected characteristics in credit scoring, which will be useful to the credit industry.

Details

Journal of Financial Regulation and Compliance, vol. 21 no. 1
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 15 March 2019

Jacqueline Stephenson and Natalie Persadie

The purpose of this paper is to examine employment discrimination in the English-speaking Caribbean by analysing evidence from jurisdictions where anti-discrimination legislation…

Abstract

Purpose

The purpose of this paper is to examine employment discrimination in the English-speaking Caribbean by analysing evidence from jurisdictions where anti-discrimination legislation has been enacted (namely Guyana, St Lucia and Trinidad and Tobago (T&T)).

Design/methodology/approach

This paper reviews existing anti-discrimination legislation in the three named countries, along with available court and tribunal decisions, with a view of determining whether the protections reasonably cover all minority groups.

Findings

It has been shown that, despite the existence of anti-discrimination law in T&T, St Lucia and Guyana, discrimination is still reported. T&T is the only jurisdiction with a functioning Equality Opportunity Commission and Tribunal, and where a wide range of cases has been adjudicated, relative to St Lucia and Guyana.

Research limitations/implications

Legislators and policy makers may wish to consider the findings of this research in making legislative amendments or enacting new laws, with a view to broadening the range of protections. Organisational practitioners may use the findings to assist them with interpreting the law (and their responsibilities to protected groups) and its intended impact on HR practice and, where necessary, make changes where current practices are incongruent with the legislation.

Practical implications

Legislators and policy makers may consider the findings of this research in making legislative amendments, with a view to broadening the range of protections. Organisational practitioners may use the findings to assist them with interpreting and implementing the law.

Originality/value

This paper reviews current Caribbean anti-discrimination legislation and cases, which to date has not been done. It highlights the omission of sexual orientation from legislation enacted across the region. There is currently a paucity of research on employment discrimination within Caribbean territories and specifically as it relates to the effect of applicable legislation. Consequently, this paper establishes a benchmark for future researchers and it informs organisational and societal stakeholders as to what may constitute prohibited practices.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 38 no. 7
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 1 February 2000

Lynne Bennington and Ruth Wein

Anti‐discrimination legislation continues to be used as a social and labour market mechanism yet the results of Australian telephone surveys of randomly selected employers and job…

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Abstract

Anti‐discrimination legislation continues to be used as a social and labour market mechanism yet the results of Australian telephone surveys of randomly selected employers and job applicants indicate that discrimination in the recruitment and selection process is flourishing despite such legislation. Only limited support for the neo‐classical economists’ concern that anti‐discrimination legislation creates additional costs and inefficiencies was found. The role of the legislation in creating more effective selections was not strongly supported either, but about half of both employers and job applicants thought that the legislation was fair. A more proactive approach is needed if illegal discrimination in the recruitment and selection process is to be minimised; anti‐discrimination legislation, without exposure of research findings and active monitoring of human resource practices, is insufficient.

Details

International Journal of Manpower, vol. 21 no. 1
Type: Research Article
ISSN: 0143-7720

Keywords

Book part
Publication date: 18 October 2017

Lucy Taksa and Dimitria Groutsis

Most publications on the management of diversity in Western countries pay homage to history by referring back to the way regulatory frameworks developed to promote equal treatment…

Abstract

Most publications on the management of diversity in Western countries pay homage to history by referring back to the way regulatory frameworks developed to promote equal treatment and to oppose discrimination. In work on English speaking countries, particular attention has been given to the struggles waged in the USA for civil rights and for gender equality in the 1960s and their impact on the emergence of equal employment opportunity and affirmative action laws and policies. Generally, these developments are depicted as the antecedents to the emergence of diversity management in the USA. This genealogical orientation is usually designed to establish historical foundations. However, as we see it, this approach to history has promoted an impression of linear evolution. Our general aim in this chapter is to show how an historical perspective can help uncover continuities in regard to equal employment opportunity, affirmative action and diversity management policies and strategies in Australia, particularly in relation to the management of cultural diversity in Australian workplaces. Rather than seeing development in linear terms, our aim is to highlight connections and the implications of such connections. Accordingly, this chapter relates each of these policies/strategies to analogous political and legal developments that emerged concurrently, in particular such initiatives as multiculturalism, anti-discrimination laws and what became known in Australia as ‘productive diversity’ policies.

Article
Publication date: 20 March 2023

Áron Hajnal and Ágota Scharle

Employment discrimination persists across global labour markets inflicting considerable social and economic costs. The existing literature tends to focus on explaining and…

Abstract

Purpose

Employment discrimination persists across global labour markets inflicting considerable social and economic costs. The existing literature tends to focus on explaining and measuring discrimination or on the measures to tackle it, overlooking the links between these areas. The paper contributes to filling this gap in order to inform policy design and empirical research on the impact of anti-discrimination policies.

Design/methodology/approach

The paper assesses the potential effectiveness of commonly used policy measures in tackling the types of discrimination described in the theoretical literature. The assessment is based on the underlying incentive structure of particular policies, which is matched with the behaviour of employers predicted by particular theories.

Findings

The potential effectiveness of commonly used anti-discrimination policies varies greatly depending on the source of discrimination and the target group. Some commonly used tools, such as wage subsidies are likely to have modest effects for several target groups, while employer counselling may be a more effective and cheaper alternative in many cases. Quotas may be effective against various types of discrimination, but setting them is challenging and they may yield adverse effects.

Practical implications

The findings call for more research on and consideration of the motives behind employment discrimination in the targeting and design of anti-discrimination measures.

Originality/value

The authors propose a framework to link discrimination types with measures against discrimination and potential target groups, which allows for systematically linking the literature on theories of discrimination and research on anti-discrimination.

Details

International Journal of Sociology and Social Policy, vol. 43 no. 11/12
Type: Research Article
ISSN: 0144-333X

Keywords

Article
Publication date: 1 September 1998

Catherine W. Ng, Macauly P.Y. Ng and Stephanie C.K. Tse

Conducts two studies, one among working women and one among the employed physically handicapped, to assess their feelings about the recent introduction of equal opportunity…

210

Abstract

Conducts two studies, one among working women and one among the employed physically handicapped, to assess their feelings about the recent introduction of equal opportunity legislation in Hong Kong. Provides some background statistics on Hong Kong and outlines the development of anti‐discrimination legislation. Asks 78 women and 10 physically handicapped people if they thought discrimination was serious in Hong Kong and if the anti‐discrimination legislation and the Equal Opportunities Commission were effective in combating discrimination. Describes the methodology used and discusses the results. Reveals that both groups surveyed were ambivalent about discrimination, stating that legislation enforces behavioural changes but that they are only skin deep. Points out also that it is difficult to quantify discriminatory practices. Notes similarities between east and west, particularly with research suggesting that the only way forward in promoting equality is to reduce status distinctions for everyone and to make organizations much more democratic.

Details

Equal Opportunities International, vol. 17 no. 6
Type: Research Article
ISSN: 0261-0159

Keywords

Article
Publication date: 1 June 2000

Nancy E. Day and Patricia Schoenrade

There is currently very little research to support the popularly held claim that “closeted” homosexual workers will have a less positive work‐related attitude and no empirical…

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Abstract

There is currently very little research to support the popularly held claim that “closeted” homosexual workers will have a less positive work‐related attitude and no empirical investigation of companies that prohibit discrimination on grounds of sexuality. This study used data from a survey of 744 homosexual employees to determine the relationships of reported disclosure of sexual orientation, anti‐discrimination policies and top management support for equal rights with relevant work attitudes. All three independent variables were found to be significantly related to affective organizational commitment and conflict between work and home. Additionally, anti‐discrimination policies and top management support were related to job satisfaction. However, none of the independent variables were significantly associated with continuance organizational commitment or job stress. It is suggested that human resource managers concerned with integrating gay and lesbian employees begin by educating top managers and creating a work environment in which disclosure of homosexual orientation is supported.

Article
Publication date: 3 May 2024

Meg Aum Warren, Haley Bock, Tejvir Sekhon and Katie Winkelman

Pregnant employees experience considerable interpersonal discrimination. This study explores the range of possible reactions of observers to pregnancy self-disclosure…

Abstract

Purpose

Pregnant employees experience considerable interpersonal discrimination. This study explores the range of possible reactions of observers to pregnancy self-disclosure, interpersonal discrimination and various allyship interventions, and the attentional processes that lead to those reactions. Consequently, it uncovers socio-cognitive processes underlying support for and backlash toward pregnancy in the workplace.

Design/methodology/approach

This study used a thought-listing technique to explore observers’ spontaneous thoughts related to pregnancy. Working adults were randomly assigned to read through one of the six scenarios depicting pregnancy self-disclosure, interpersonal discrimination and male allyship interventions (i.e. stating the organization’s anti-discrimination policy, confronting the transgressor by calling out sexism, pivoting the conversation to highlight the strengths of the pregnant employee and a hybrid intervention combining highlighting strengths and confrontation) after which participants listed the top three thoughts that came to their mind (1,668 responses). Responses were thematically analyzed to explore spontaneous reactions toward the pregnant employee, transgressor and ally in the scenario.

Findings

Surprisingly, across all scenarios, the most sexist thoughts emerged during pregnancy self-disclosure, even in the absence of any transgression. After a transgression occurred, any allyship intervention was better than none in eliciting lesser sexist backlash against the pregnant employee. Stating the organization’s anti-discrimination policy was most beneficial for the pregnant employee in eliciting the least sexist backlash but at the cost of generating unfavorable impressions of the ally. Calling out the transgressor’s bias elicited the most sexist backlash toward the pregnant employee, yet it created favorable impressions of the ally. In contrast, highlighting the strengths of the pregnant employee created the most favorable impression of the ally while eliciting a few sexist thoughts about the pregnant employee. Overall, the hybrid intervention was the most effective at balancing the competing goals of generating support for the pregnant employee, creating favorable impressions of the ally, as well as holding the transgressor accountable.

Originality/value

This study demonstrates that the type of allyship intervention critically redirects the attentional focus of observers to certain aspects of a discrimination episode and relevant schemas which can generate support or backlash toward targets, transgressors and allies, thereby advancing or obstructing equity and inclusion in organizations.

Details

Equality, Diversity and Inclusion: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2040-7149

Keywords

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