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1 – 10 of over 28000Frank J. Cavico, Stephen C. Muffler and Bahaudin G. Mujtaba
The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of “preferring the…
Abstract
Purpose
The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of “preferring the pretty”, and then the authors examine important civil rights laws that relate to such forms of discrimination. Finally, the authors apply ethical theories to determine whether such discrimination can be seen as moral or immoral.
Design/methodology/approach
It is a legal paper which covers all the laws related to discrimination based on look. Court cases and Americans laws related to this concept are reviewed and critically discussed.
Findings
The paper finds that appearance‐based discrimination is not illegal in the USA so long as it does not violate civil rights laws.
Research limitations/implications
This research is limited to Federal and State laws in the USA and may not be relevant in other countries as the local laws might vary.
Practical implications
Managers and employees can protect themselves in the workplace from illegal discriminatory practices.
Social implications
Employees know their rights and enhance their understanding of laws related to appearance, attractiveness, and why companies look to hire those who are considered “handsome”, “pretty” and “beautiful”.
Originality/value
This is an original and comprehensive paper by the authors.
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Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the evidence…
Abstract
Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the evidence down into manageable chunks, covering: age discrimination in the workplace; discrimination against African‐Americans; sex discrimination in the workplace; same sex sexual harassment; how to investigate and prove disability discrimination; sexual harassment in the military; when the main US job‐discrimination law applies to small companies; how to investigate and prove racial discrimination; developments concerning race discrimination in the workplace; developments concerning the Equal Pay Act; developments concerning discrimination against workers with HIV or AIDS; developments concerning discrimination based on refusal of family care leave; developments concerning discrimination against gay or lesbian employees; developments concerning discrimination based on colour; how to investigate and prove discrimination concerning based on colour; developments concerning the Equal Pay Act; using statistics in employment discrimination cases; race discrimination in the workplace; developments concerning gender discrimination in the workplace; discrimination in Japanese organizations in America; discrimination in the entertainment industry; discrimination in the utility industry; understanding and effectively managing national origin discrimination; how to investigate and prove hiring discrimination based on colour; and, finally, how to investigate sexual harassment in the workplace.
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The Violence Against Women Act was enacted in the United States in 1994. Fifteen years later, it has become apparent that the law has given rise to numerous violations of…
Abstract
The Violence Against Women Act was enacted in the United States in 1994. Fifteen years later, it has become apparent that the law has given rise to numerous violations of fundamental civil rights. These rights include freedom of speech, protection from governmental intrusion, due process, freedom to marry and the right to privacy in family matters, right to parent one's own children, right to bear arms, right to be secure in their persons (probable‐cause for arrest), right to a fair trial, and equal treatment under the law. Each year, an estimated two million Americans have their civil liberties violated by domestic violence laws. This article, based on a report by SAVE (2010a), enumerates and documents these civil rights violations.
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Fath El‐Rahman Abdalla El‐Sheikh
The purpose of this article is only to whet the appetite for discussing the relationship between globalisation of crime and civil liberties and privacy. The topic is too…
Abstract
The purpose of this article is only to whet the appetite for discussing the relationship between globalisation of crime and civil liberties and privacy. The topic is too complicated to be thoroughly discussed in a short article at a time which is witnessing diversified economic activities emanating from the adoption of policies of deregulation and steps to facilitate the movement of capital across international boundaries. Needless to say, the process of the globalisation of economic activity has been, to a great extent, enhanced by the computer revolution which in turn has reached unprecedent electronic dimensions coupled with a parallel increase in inventions and new complicated industries, all of which are creations of human beings in the drive to meet new changes and challenges. However, not all men are good citizens adhering to ideal principles and norms to maintain social integration, prosperity and public tranquillity. Instead, some people are inclined by their very nature to dismantle the social system by resorting to any means for improving their economic conditions at the expense of other members of society by committing illegal acts, especially in the economic sector. The situation is worse when the system creates a shield against combating economic crime under the pretext of the protection of civil liberties and right of privacy of the offender who takes advantage of the instruments which enshrine such civil liberties and rights.
This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise…
Abstract
This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non‐binding or so‐called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.
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Rio Erismen Armen, Engku Rabiah Adawiah Engku Ali and Gemala Dewi
This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government…
Abstract
Purpose
This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government decision to use ṣukūk (as an Islamic financial instrument) in the financing of state budget deficit. Some legal issues emerged after the ratification such as the necessity to synchronize the beneficial right with other property rights in Indonesia and the disharmony between laws related to sovereign ṣukūk issuance.
Design/methodology/approach
The study uses a qualitative method with library study and interviews with relevant legal experts in Indonesia as the data collection techniques.
Findings
The findings show that the passage of Sovereign Ṣukūk Law 2008 that ratified beneficial right deemed as a concession point by the government to solve conflicts between legal restriction and employment of state-owned assets as the underlying asset of sovereign ṣukūk. The study deemed the necessity to improve the use of beneficial right in the Indonesian legal system which by the concept is not exercised for the issuance of sovereign ṣukūk only. There is the need to harmonize the administration of this right with other property rights in Indonesia.
Research limitations/implications
The scope of study will be limited to the Indonesian regulation related to the use of beneficial right concept in the issuance of sovereign ṣukūk in Indonesia. The regulation as mentioned will be in the form of statutes, presidential or ministerial regulations, and also opinions of Indonesian legal and sharīʿah scholars regarding the matter.
Originality/value
This study may explore significantly the use of beneficial right for the issuance of sovereign ṣukūk by the Government of Indonesia. Specifically, the study reveals and addresses the issues that are following the ratification of beneficial rights originated from the common law system into the Indonesian civil law system.
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This practitioner article uses human rights education (HRE) to frame issues of social justice, particularly anti-Black racism, depicted in the film Till. Teachers cognizant of the…
Abstract
Purpose
This practitioner article uses human rights education (HRE) to frame issues of social justice, particularly anti-Black racism, depicted in the film Till. Teachers cognizant of the need to address racism in American history often struggle to find resources that are accessible and meaningful for their students (Howard and Navarro, 2017; Vickery and Rodriguez, 2022). Furthermore, the use of film in social studies instruction can be an engaging way for students to develop conceptual knowledge and grapple with sensitive issues in history education (Stoddard, 2012).
Design/methodology/approach
Till (2022) is a powerful film that teachers can use to pursue anti-racist goals in their classrooms, and HRE provides an approach to analyze a horrible manifestation of racism in American history as well as frame larger systems of injustice. By using widely accepted standards of human dignity, such as the Universal Declaration of Human Rights, teachers can address dimensions of oppression and inequality with a more “neutral” or objective approach.
Findings
Given the current political climate that instills fear in educators who teach about racism, HRE can empower social studies teachers to engage students in analysis of a dominant force in American life.
Originality/value
The lesson plan offered in this article includes a film viewing guide, enrichment opportunities and an activity that connects themes in Till and the Civil Rights Movement to human rights concepts.
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Richard A. Posthuma, Gabriela L. Flores, James B. Dworkin and Samuel Pavel
Using an institutional theory perspective (micro and macro), the authors examined employment lawsuits across case type and alternative dispute resolution methods (negotiated…
Abstract
Purpose
Using an institutional theory perspective (micro and macro), the authors examined employment lawsuits across case type and alternative dispute resolution methods (negotiated settlements versus trials and arbitrations).
Design/methodology/approach
The authors examined actual data from US federal court lawsuits (N = 98,020). The data included the type of lawsuit, the dispute resolution method used and the outcome of the lawsuit in terms of the dollar amounts awarded.
Findings
The results show that employers were more likely to win in high social context cases (civil rights) than in other cases (Employment Retirement Income Security Act of 1974, ERISA). In arbitrations, plaintiffs won more frequently and were awarded higher amounts in arbitration than in court trials. In arbitration, plaintiffs received more in high social context cases than in other cases.
Practical implications
The results show that employers lose more often and in larger dollar amounts in arbitration than in litigation. However, if arbitration rulings more closely matched the likely outcomes of trials, subsequent litigation would be less likely to be overturned, and transaction costs would be reduced. If this were the case, the arbitration of employment lawsuits would more closely match the arbitration of contractual grievances under the typical labor relations system, where the arbitrator’s decision is usually final and binding. This could be a better outcome for all stakeholders in the dispute resolution process.
Originality/value
This is the first study of its kind to examine actual workplace conflicts that result in employment-related lawsuits from the perspective of social contextual factors.
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Carol C. Bienstock, Carol W. DeMoranville and Rachel K. Smith
What is the best way for service organizations to evaluate and motivate service employees so that customers are retained and new customers are attracted? What motivates service…
Abstract
What is the best way for service organizations to evaluate and motivate service employees so that customers are retained and new customers are attracted? What motivates service employees to deliver high quality service? Are there actions a service organization can take, e.g. way of evaluating, training, and rewarding employees, which encourage them to perform to the organization’s advantage? Answers to these questions would enable a service organization to formulate a system that links human resource management policies to desired service employee performance, thus enhancing customer perceptions of service quality and organizational financial outcomes. This research investigated organizational citizenship behavior, with its framework of organizational rights and responsibilities, to explore these issues. The research shows that service employee perceptions of how they are treated by the service organization, i.e. what organizational rights they receive, are positively associated with organizational citizenship behaviors. Furthermore, it demonstrates that these behaviors result in more effective service delivery to organizational standards and enhanced customer perceptions of service quality.
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Discusses principles of equality and justice in order to justify affirmative action and clarify its need. Posits that in both the USA and South Africa, issues of segregation and…
Abstract
Discusses principles of equality and justice in order to justify affirmative action and clarify its need. Posits that in both the USA and South Africa, issues of segregation and discrimination are not new and both countries have had the opportunity to address their past policies by way of affirmative action programmes. Looks at what determined the denouncement of the affirmative action in the USA and why the answer to this question may have a great impact on South Africa’s attempt to improve its own affirmative action programmes. Concludes that, although 30 years of affirmative action was deemed unconstitutional, how can South Africa derive and make use of the knowledge gained to help in stopping reverse discrimination.
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