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Article
Publication date: 1 May 1998

Doug Stewart

In recent years there has been a significant increase in the involvement of Australian schools with various aspects of the law and this has led to a number of claims that…

1412

Abstract

In recent years there has been a significant increase in the involvement of Australian schools with various aspects of the law and this has led to a number of claims that education has become legalised. A major consequence of this development is the need for principals to have a level of legal literacy sufficient to identify when a legal problem is developing in their school. Moreover, given the increased involvement of schools with the law, there would seem to be a need for principals to introduce preventive legal risk management strategies into school policies and practices. However, to implement such programmes, principals require a sound knowledge of those aspects of the law that they are required to manage. A recent study of some 300 principals from government schools in Queensland raises serious questions, however, regarding the level of principals’ professional knowledge of the law. This paper examines the concept of the legalisation of education and the extent to which school principals’ professional knowledge is adequate to meet the demands the law is making of them.

Details

Journal of Educational Administration, vol. 36 no. 2
Type: Research Article
ISSN: 0957-8234

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Article
Publication date: 1 December 2005

Kübra Dogan Yenisey

The contin uous expansion of European discrimination law reveals its importance also in the harmonisation process. By new Labour Act No. 4857, anti‐discrimination law is inserted…

Abstract

The contin uous expansion of European discrimination law reveals its importance also in the harmonisation process. By new Labour Act No. 4857, anti‐discrimination law is inserted as a new chapter to Turkish labour law. The prohibition of discrimination on the ground of sex is regulated on the model of the 1976 Equal Treatment Directive. In respect of discrimination on the grounds of racial and ethnic origin, religion or belief, age, disability and sexual orientation, a general provision prohibiting discrimination is enacted. Up to date, these rules have not found a note worthy jurisprudential application.

Details

Managerial Law, vol. 47 no. 6
Type: Research Article
ISSN: 0309-0558

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Abstract

Details

HR Initiatives in Building Inclusive and Accessible Workplaces
Type: Book
ISBN: 978-1-83867-612-4

Book part
Publication date: 22 November 2012

Jonathan Hamberger

It is over 25 years since the Hancock Report recommended that Australian enterprises implement workplace level procedures for the resolution of disputes and grievances…

Abstract

It is over 25 years since the Hancock Report recommended that Australian enterprises implement workplace level procedures for the resolution of disputes and grievances. Legislation now requires that all enterprise agreements contain dispute settlement procedures (DSPs). While most large organisations have enterprise agreements – and therefore DSPs – there is very little empirical research into how and whether Australian organisations use these DSPs – let alone what broader role they may play in regulating the employer–employee relationship. This chapter seeks to provide answers to these questions.

This chapter presents the results of three case studies of large organisations: a bank, a retailer and a state government agency. These organisations have been chosen from a larger group of case studies to illustrate three approaches to the management of workplace disputes. The organisations share certain features such as: the effective use of workplace procedures to resolve the great majority of workplace disputes; and the adoption of a ‘dual system’ with internal grievance procedures playing a role alongside DSPs. However they vary considerably in their approach to dispute resolution. The Bank's ‘strategic’ approach involves a comprehensive conflict management system. The State government agency's ‘reactive’ approach to workplace conflict resolution gives a much greater role for third parties, while the Retailer's ‘pragmatic’ approach incorporates elements from both the other two approaches.

The chapter discusses the implications of this diversity of approach for human resource management, organisational justice and workplace relations.

Details

Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-1-78190-378-0

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Article
Publication date: 19 September 2008

Sudhir K. Saha, David O’Donnell, Taran Patel and John Heneghan

The purpose of this paper, in the context of the employment equity (EE) field, is to explore the relationship between individual values/beliefs and simulated hiring decisions of…

1336

Abstract

Purpose

The purpose of this paper, in the context of the employment equity (EE) field, is to explore the relationship between individual values/beliefs and simulated hiring decisions of minority candidates in Canada, France and Ireland.

Design/methodology/approach

Individual values/beliefs were elicited using Likert type scales; subjects responded to a series of simulated hiring scenarios.

Findings

The link between individual value and belief systems and EE‐related HR decision making on recruitment of minority candidates is modestly supported by the findings presented here. The values/beliefs of students from leading business schools influenced, if in part, their simulated hiring decisions on minority candidates presented in the scenarios. National context also matters as EE institutions differ at the societal level of analysis.

Research limitations/implications

The subjects were business school students of limited work experience addressing scenario situations, not practicing managers making real hiring decisions. The use of self‐reports leads to the usual issues related to common method variance, the consistency motif, social desirability bias, and so on and we note the limits due to the reverse ecological fallacy. Research findings provide modest support to this argument but should be treated with caution.

Practical implications

Individual values and beliefs matter in HR decision making on recruitment of minority candidates.

Originality/value

Much EE research focuses on antecedents of values/beliefs; this paper is one of a handful of investigations that attempts to establish possible outcomes of values/beliefs towards EE.

Details

Equal Opportunities International, vol. 27 no. 7
Type: Research Article
ISSN: 0261-0159

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Article
Publication date: 13 November 2009

Ilias Livanos, Çagri Yalkin and Imanol Nuñez

The purpose of this paper is to examine the factors affecting the labour market status of females in Greece and the UK respectively and also attempts to explore what accounts for…

5085

Abstract

Purpose

The purpose of this paper is to examine the factors affecting the labour market status of females in Greece and the UK respectively and also attempts to explore what accounts for the differences in the employment status between males and females. In particular, the study seeks to assess whether these differences can be explained by employees' endowments or by discrimination in the labour market.

Design/methodology/approach

Labour Force Survey (LFS) data are used to examine the impact of observable characteristics on female labour market participation, unemployment, and self‐employment through the use of logit models. An extension of the Oaxaca‐Blinder decomposition technique is used to estimate the gender employment discrimination gap.

Findings

Clear evidence of gender differences was found in both countries, although differences are substantially larger in the case of Greece. Evidence of female employment discrimination was also found in both labour markets.

Originality/value

The paper explores the factors affecting the labour market situation of females and, for the first time, assesses the level of gender employment discrimination in Greece and the UK analysing the differences between the unemployment rates of males and females.

Details

International Journal of Manpower, vol. 30 no. 8
Type: Research Article
ISSN: 0143-7720

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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…

1603

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

Case study
Publication date: 8 November 2018

Timothy Feddersen

In September 2014 Leyth Jamal, a transgender woman, filed suit against her employer, luxury retailer Saks Fifth Avenue. Jamal alleged that she experienced harassment from managers…

Abstract

In September 2014 Leyth Jamal, a transgender woman, filed suit against her employer, luxury retailer Saks Fifth Avenue. Jamal alleged that she experienced harassment from managers and other employees because of her gender identity while employed by Saks, including verbal abuse and threats of violence. At the time she filed suit, no federal, state, or local laws protected transgender employees from discrimination. However, some federal district courts had recently begun to allow such suits on the premise that discrimination based on gender identity was a form of sex discrimination. Other suits and amicus briefs brought by the Equal Employment Opportunity Commission (EEOC) furthered this trend. The EEOC is the federal agency charged with investigating and supporting claims of discrimination under Title VII of the Civil Rights Act of 1964, so district and appellate courts watched the EEOC's position on the application of Title VII. Socio-culturally, many Americans supported transgender rights, even as they voiced anxiety about transgender men in women's bathrooms.

This case has students assume the role of a trusted member of the executive team of Hudson's Bay Company, which owns Saks Fifth Avenue. One Friday afternoon in late December 2014, the Hudson's Bay CEO sends an email to his executive team notifying them that he has approved corporate counsel's motion to dismiss Jamal's case based on the argument that transgender people are not a protected class according to Title VII. The motion will be filed in federal court on Monday. The CEO shares that he personally believes it is preposterous for anyone to think that Saks Fifth Avenue is anything but a strong advocate for LGBT rights, but he invites executive team members to call him if they have any concerns. Members of the executive team have a responsibility to consider the broader strategic implications for the company, so students must decide if and how to respond to the CEO.

Book part
Publication date: 19 July 2018

Theresa Bauer

Corporate social responsibility (CSR) is often characterized as a voluntary approach, but CSR policy is on the rise: Governments have started to promote CSR by raising awareness…

Abstract

Purpose

Corporate social responsibility (CSR) is often characterized as a voluntary approach, but CSR policy is on the rise: Governments have started to promote CSR by raising awareness, launching partnerships and platforms, providing financial incentives and requiring environmental and social reporting (Albareda, Lozano, & Tamyko, 2007; Gond, Kang, & Moon, 2011; Steurer, 2010; Steurer, Martinuzzi, & Margula, 2012). This chapter describes how the German government facilitates CSR, that is it analyses the main instruments at the national level and takes a look at the motivation of the German government.

Design/methodology/approach

Based on the framework of CSR policy developed by Steurer, Margula, and Berger (2008) and Steurer (2010), the chapter examines CSR initiatives in five areas: informational or endorsing instruments, partnering instruments, hybrid instruments, financial or economic instruments and soft legal instruments. The analysis rests on a documentary review of various sources referencing German CSR initiatives.

Findings

German CSR policy comprises all sorts of instruments, whereas hybrid instruments play an important role: the Strategy for Sustainable Development, the National CSR Forum and National Action Plan on CSR as well as the National Action Plan for Business and Human Rights.

Originality/value

This chapter contributes to the rising literature on public policies on CSR by discussing the manifold measures that the German government has developed to support CSR.

Details

The Critical State of Corporate Social Responsibility in Europe
Type: Book
ISBN: 978-1-78756-149-6

Keywords

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