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Article
Publication date: 26 April 2013

Stavros K. Parlalis

The legal system comprises one of the greatest tools for people with disabilities, in order to ensure and protect their fundamental rights. The present study aimed to…

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Abstract

Purpose

The legal system comprises one of the greatest tools for people with disabilities, in order to ensure and protect their fundamental rights. The present study aimed to focus on the scrutiny of the legal system of the Republic of Cyprus. More specifically, the focus was placed on those laws that refer to the employability of people with disabilities, aiming to present the extent to which disability discrimination at work is prevented in the Republic of Cyprus.

Design/methodology/approach

A brief presentation of the laws employed on the prevention of disability discrimination at work worldwide is made; then, a presentation follows on the specific laws employed in the Republic of Cyprus.

Findings

The conditions in Cyprus are quite similar compared to the international standards. Cyprus has already introduced numerous laws and regulations regarding the prevention of disability discrimination at work; also, a code of good practice and guidance against disability discrimination at work has been published. However, regardless of the differences between legislation in various countries, the importance of establishing new laws and regulations depends on the extent to which they find application in each society. Therefore, there is an imperative need to set up a national mechanism to monitor the application of these laws and regulations, in order to ensure that discrimination at work is prevented in practice and not only in theory (meaning the establishment of new laws).

Originality/value

The findings of this study are useful for policy makers regarding issues of disability discrimination at work for people with disabilities in the Republic of Cyprus.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 32 no. 4
Type: Research Article
ISSN: 2040-7149

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Article
Publication date: 13 August 2018

Keren Dali

In the context of increasing interdisciplinarity in academia and professional practice, the purpose of this paper is to focus on the contribution of information science…

Abstract

Purpose

In the context of increasing interdisciplinarity in academia and professional practice, the purpose of this paper is to focus on the contribution of information science (IS) to education and practice in social work (SW), specifically in the area of disabilities at the workplace. As a case in point, a work environment of academia and faculty members with disabilities and their managers are chosen. The paper also stands to improve interdisciplinary understanding between IS and SW.

Design/methodology/approach

Combining SW and IS perspectives and building off selective exposure, cognitive dissonance and uncertainty management theories, the paper looks at one of the root-causes of continuous workplace discrimination against and bullying of people with disabilities – information avoidance (IA).

Findings

The paper conceptualises discrimination and bullying as an inherently information problem, for which an SW solution could be proposed. Two types of information are noted to be avoided: information about disabilities and information about the effect of discrimination and bullying on employees with disabilities. The paper distinguishes between defensive and deliberate IA, each of which poses different challenges for social workers who are likely to intervene in the cases of bullying and discrimination in their capacity as workplace counsellors and advisors.

Originality/value

It is the first known paper that explores the intellectual and practice-based synergy between SW and IS in application to change-related interventions and preventative plans that counteract discrimination against people with disabilities at the workplace. It proposes creative solutions for intervention, including bibliotherapy. It also opens up a broader conversation on how critical the knowledge of IS is for social workers.

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Book part
Publication date: 12 June 2018

Megan A. Conway

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act…

Abstract

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act, the question remains why disability rights legislation does not go far enough toward addressing access, stigma, and discrimination issues. People with disabilities have found empowerment from disability rights laws, but these laws are also restrictive because they define people in relation to medical aspects of their disabilities and narrowly define society’s obligation for inclusion. The successes and failures of disability rights laws are an important contribution to the study of conceptions of difference.

Details

Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

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Article
Publication date: 6 September 2018

Keren Dali

In the spirit of the growing Time is Up movement in North America, this paper aims to focus on the human dimension of academic learning environments and delves into the…

Abstract

Purpose

In the spirit of the growing Time is Up movement in North America, this paper aims to focus on the human dimension of academic learning environments and delves into the reasons for the continuous oppression, discrimination and bullying (ODB) of faculty members with disabilities in academia, showing the particularly detrimental effect of ODB in the small professionally oriented field of information science.

Design/methodology/approach

The conceptualizing of continuous ODB of people with disabilities in academia is done by carefully scrutinizing the state of affairs; presenting a nuanced survey of utilized terminology; providing a new and inclusive definition of everyday oppression; introducing a new model of an oppressive workplace environment experienced by people with disabilities; showing the centrality of information behaviours and phenomena in ODB; highlighting the high relevance of this discussion to learning science; and outlining potential detrimental effects of ODB on the psychological climate in and the process of professional higher education.

Findings

The model of an oppressive workplace environment experienced by people with disabilities is presented.

Originality/value

Unlike previous models of ODB at the workplace, the current model puts information phenomena as decisive factors in continuous ODB against people with disabilities; particular attention is paid to information avoidance behaviours; distorted or delayed information messages transmitted by managers to employees; gossip as an informal information-based tactic of ODB; the insufficient protection of privacy and confidentiality of information about disabilities and personal health; and vague information messages that diminish the usefulness of university policies on disabilities.

Details

Information and Learning Science, vol. 119 no. 9/10
Type: Research Article
ISSN: 2398-5348

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Article
Publication date: 3 July 2013

David Terpstra, André Honorée and John Friedl

This study aims to examine whether the demographics of the US federal judiciary and the type of employment discrimination charge influence federal employment discrimination

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889

Abstract

Purpose

This study aims to examine whether the demographics of the US federal judiciary and the type of employment discrimination charge influence federal employment discrimination case outcomes.

Design/methodology/approach

The outcomes of 401 randomly selected employment discrimination cases were examined by utilizing chi square analysis to test the interaction effects of race and gender along with four different charges of employment discrimination.

Findings

The findings suggest that the outcomes of employment discrimination cases are a function of the interaction of the judges' gender and race along with the type of discrimination charge (e.g. gender, race, age, or disability discrimination) involved in the case.

Research limitations/implications

More research studies with larger cell sample sizes for certain discrimination claims should be conducted to ascertain the validity of the current results.

Practical implications

Potential litigants in employment discrimination cases (both plaintiffs and defendants) may find these results relevant in determining their chances for success in the courtroom.

Social implications

These findings could help judges become more aware of potential biases and help guard against being influenced by them. These findings may also have implications for the selection and appointment of judges and suggest that judicial bodies that are more diverse may render more unbiased rulings.

Originality/value

Previous research regarding the influence of the sex and race of the judge on court case outcomes has yielded contradictory and confusing findings. However, by controlling for the possible influence of the type of charge involved in the cases, the findings of the current study suggest that judges' rulings are a function of the interaction of the judges' demographic characteristics with the type of discrimination charge.

Details

International Journal of Law and Management, vol. 55 no. 4
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 19 September 2016

Victoria Herrington

The purpose of this paper is to discuss the legislative and policy architecture governing the protection of individuals with an intellectual disability (ID) in the UK, and…

Abstract

Purpose

The purpose of this paper is to discuss the legislative and policy architecture governing the protection of individuals with an intellectual disability (ID) in the UK, and whether these protections extend to protect those with a borderline ID (BLID) in prison.

Design/methodology/approach

The paper presents policy and legislative analysis.

Findings

This paper argues that the legislative definitions of disability are broad and draw on a needs-based understanding of disability, meaning that those with a BLID – if they experience disability – should be included in these protections. But the clinical definitions of ID that guide access to support services tend to exclude those with a BLID. Notions of horizontal and vertical equity are invoked to examine the spirit of “equivalence” captured in legislative instruments, and how these filter into policy that may ultimately be discriminatory to those with a BLID.

Research limitations/implications

If the founding principle of equality legislation is equivalence, and an argument can be made that those with a BLID are protected from disability discrimination, public authorities will need to reconcile their use of clinical diagnostic cut-offs to justify service provision inside and outside of the prison estate. In essence they are faced with a choice: consider how best to provide equitable support for those with a BLID (which may not necessarily mean identical support), or risk breaching these fundamental rights.

Practical implications

The paper calls into question the extent to which the current suite of ID-related services (both in the community and in prison) fulfil a public authority’s obligations for vertical and horizontal equity that are captured in the disability discrimination legislation. Specifically authorities must consider whether: replicating services in prisons serves the particular needs of the prison population, or is horizontal equity only partial fulfilment? The higher than expected numbers of BLID in prison justify consideration of different services for these different needs? There is an opportunity to rethink the conceptualisation of disability service provision in the National Health Service from one defined by diagnostic bands rather than a socio-ecological understanding of need, and in doing so whether the needs of the BLID group in prison are being suitably met.

Originality/value

The paper provides a line of legal argument and analytical thought useful to those seeking to challenge the non-provision of support for those with a BLID; particularly those who are especially disadvantaged in prison. This paper draws attention to the disconnect between legislative intent and policy operationalisation for those with BLID. Further research and possible legal challenge is needed to clarify whether this amounts to direct or indirect discrimination.

Details

Journal of Criminological Research, Policy and Practice, vol. 2 no. 3
Type: Research Article
ISSN: 2056-3841

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Article
Publication date: 16 August 2021

Zahid Hussain, Lubna Javed Rizvi and Hamid Sheikh

This paper is aimed to fulfil two purposes. First, this paper aims to review the literature and examine step by step evolution of the Equality Act 2010. Second, this paper…

Abstract

Purpose

This paper is aimed to fulfil two purposes. First, this paper aims to review the literature and examine step by step evolution of the Equality Act 2010. Second, this paper will reflect on the guidelines issued for employers by the Equality and Human Rights Commission to address how to manage the risks arising during the current crisis and as organisations continue with planning for eventual return to the workplace and for those who are currently working remotely.

Design/methodology/approach

This paper has incorporated an integrative literature review reviews approach that aimed to synthesises secondary data about the literature to serve the aims of the paper in an integrated way.

Findings

The introduction of the Equality Act (2010) has made it much more difficult to discriminate against individuals as its coverage is much wider in comparison to any previous legislation. At that point, there were still many exceptions, which permitted discrimination and unequal treatment towards others. Over time, however, the law has become much more strict and developed to counter any discrimination in its attempt to try and eliminate it.

Originality/value

This paper has reflected on both pre- and post-covid developments of The Equality Act (2010) – and discrimination issues for employers.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 1 May 1987

Brian Doyle

Contemporary interest in vulnerable employment groups has focused on women, ethnic minorities and the secondary labour market. Social discrimination, marginal employment…

Abstract

Contemporary interest in vulnerable employment groups has focused on women, ethnic minorities and the secondary labour market. Social discrimination, marginal employment and low pay are the badges of vulnerability of these groups. As Section 2 shows, labour law's response to employment vulnerability has been piecemeal and tangential with the result that progress towards the enjoyment of basic employment rights by vulnerable workers has been slow and fortuitous. People with disabilities possess many of the traits of vulnerability shared by other disadvantaged groups but receive only a footnote in the pages of labour law. This article records the developing debate on the employment rights of disabled people and places it in the context of the current analysis of employment vulnerability.

Details

Employee Relations, vol. 9 no. 5
Type: Research Article
ISSN: 0142-5455

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Article
Publication date: 1 May 2003

Thitima Suriyasak and Brian H. Kleiner

Discusses the US, Family and Medical Leave Act (FMLA), and gives the eligibility details for employees and employers alike. Weighs up the pros and cons and concludes that…

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421

Abstract

Discusses the US, Family and Medical Leave Act (FMLA), and gives the eligibility details for employees and employers alike. Weighs up the pros and cons and concludes that there are advantages for both sides and that these far outweigh the negative sides. Sums up that a lack of discrimination should be pursued by both employees and employers to create a more ideal working environment.

Details

Equal Opportunities International, vol. 22 no. 3
Type: Research Article
ISSN: 0261-0159

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Book part
Publication date: 19 July 2018

Harold Braswell

This article intervenes in the debate, among US disability rights advocates, about physician-assisted suicide (PAS). Through an ethnographic study, I situate this debate…

Abstract

This article intervenes in the debate, among US disability rights advocates, about physician-assisted suicide (PAS). Through an ethnographic study, I situate this debate in the context of the dominant form of end-of-life care in the US hospice. Based on this analysis, I argue that PAS should be an issue of secondary concern to disability rights advocates, and that their primary concern, at the end-of-life, should be the improvement of US hospice care. By thus “putting the ‘right to die’ in its place,” they can achieve consensus among themselves and leverage this consensus to achieve the most substantial advancement of disability rights.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78756-208-0

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