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Article
Publication date: 16 February 2010

Joerg Dietz

This editorial aims to introduce the special issue on employment discrimination against immigrants.

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Abstract

Purpose

This editorial aims to introduce the special issue on employment discrimination against immigrants.

Design/methodology/approach

The first part is a commentary on key issues in the study of employment discrimination against immigrants. The second part presents the five articles in the special issue.

Findings

The papers in this special issue focus on a variety of issues associated with employment discrimination against immigrants. For example, they consider: discrimination based on accents; differences among justice perceptions among immigrants and non‐immigrants; the effects of negative stereotypes on workplace outcomes; the treatment of Hispanic immigrants; and the reasons for the lack of research on Hispanic immigrants.

Research limitations/implications

The author comments on key issues that researchers of employment discrimination against immigrants have to take into account. These issues include: the appreciation of the diversity among immigrants; an understanding of the complexity of employment discrimination research; openness to cross‐disciplinary approaches; and the consideration of employment discrimination within the context of the immigrant experience. The five articles that make up the special issues vary in their nature (empirical, critical), methodologies (quantitative, qualitative), locations (United States, Germany, and Canada), and implications.

Practical implications

The issues discussed in the papers have important implications for understanding and overcoming employment discrimination against immigrants.

Originality/value

The Journal of Managerial Psychology invited this special issue to initiate psychological research on employment discrimination against immigrants. The intent is to draw the attention of organizational scholars to the large, yet under‐studied immigrant segment of the workforce.

Details

Journal of Managerial Psychology, vol. 25 no. 2
Type: Research Article
ISSN: 0268-3946

Keywords

Article
Publication date: 1 January 1976

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the…

Abstract

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.

Details

Managerial Law, vol. 19 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 2013

Frank 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…

24217

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.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 32 no. 1
Type: Research Article
ISSN: 2040-7149

Keywords

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

931

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

Keywords

Article
Publication date: 12 July 2011

Richard A. Posthuma, Mark V. Roehling and Michael A. Campion

The purpose of this paper is to use a risk management perspective to identify the risks of employment discrimination law liability for multinational employers.

1931

Abstract

Purpose

The purpose of this paper is to use a risk management perspective to identify the risks of employment discrimination law liability for multinational employers.

Design/methodology/approach

Data from 101 US Federal Court cases that involved multinational employers operating both inside and outside of the USA were content coded and then used to identify factors that predict the frequency that foreign employers operating inside the USA – and US employers operating outside the USA – were subject to lawsuits under US employment discrimination laws.

Findings

This study found that employment lawsuits based on sex discrimination against females was the most significant risk exposure. Employers whose home country was from a Western culture were at comparatively greater risk for charges of both age and religious discrimination. Employers whose home country was from an Asian culture were at comparatively greater risk for charges of both race and national origin discrimination.

Research limitations/implications

This study demonstrates the viability and usefulness of a risk management framework for examination of issues related to law and management.

Practical implications

This study enables the identification of risk factors that multinational employers can use to strategically target their loss prevention efforts in order to more effectively and efficiently avoid or reduce potential liability for employment discrimination.

Social implications

The risk factors identified in this study can help employers to take efforts to reduce employment discrimination in their multinational operations, thereby reducing the frequency and likelihood that such discrimination may occur.

Originality/value

This is the first study to use a risk management framework to empirically identify employment law risk exposures for multinational employers.

Details

International Journal of Law and Management, vol. 53 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1987

J.R. Carby‐Hall

This substantial article begins with an examination of two important grounds of discrimination: sex discrimination governed by the Sex Discrimination Act 1975 (and the…

1419

Abstract

This substantial article begins with an examination of two important grounds of discrimination: sex discrimination governed by the Sex Discrimination Act 1975 (and the related Equal Pay Act 1970) and racial discrimination under the Race Relations Act 1976. Discussion is confined to the right not to be discriminated against and covers the detailed provisions of these acts in this respect, judicial precedents and important cases heard not only in the British courts but in the European Court of Justice. The third section of the article is about discrimination in connection with trade union membership and activities governed by the Employment Protection (Consolidation) Act 1978.

Details

Equal Opportunities International, vol. 6 no. 1
Type: Research Article
ISSN: 0261-0159

Keywords

Article
Publication date: 1 March 1986

J.R. Carby‐Hall

The Sex Discrimination Act 1975 and the related Equal Pay Act 1970, and the Race Relations Act 1976 have not been consolidated by the Employment Protection (Consolidation…

1918

Abstract

The Sex Discrimination Act 1975 and the related Equal Pay Act 1970, and the Race Relations Act 1976 have not been consolidated by the Employment Protection (Consolidation) Act 1978. Each of the Acts treats sex and race discrimination in a general and broad sense. Both make similar provisions in connection with various aspects of discrimination in employment. Since one act is inspired by the other, the judicial precedent in sex discrimination cases will normally be followed in racial discrimination cases and vice versa. Both Acts are outlined and the grounds that constitute discrimination discussed as well as permissible discrimination. Enforcement of the Acts and liability is detailed. Discrimination in connection with trade union membership and activities is also examined. The right not to have action short of dismissal taken against the employee and remedies for action short of dismissal are discussed.

Details

Managerial Law, vol. 28 no. 3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 10 May 2022

Yisheng Peng

Based on the role theory, this study examines whether workplace age discrimination indirectly relates to older workers' bridge employment intentions through work meaningfulness.

Abstract

Purpose

Based on the role theory, this study examines whether workplace age discrimination indirectly relates to older workers' bridge employment intentions through work meaningfulness.

Design/methodology/approach

Study 1 used two-wave time-lagged survey data from one hundred and seventy nurses (≥45 years old) from the Midwestern United States. Study 2 used three-wave time-lagged survey data from one hundred and eighty-six employees from a wide range of occupations in the United States. The online survey contains various self-reports on workplace age discrimination, work meaningfulness, affective commitment, and bridge employment intentions.

Findings

Results in Study 1 found that workplace age discrimination was negatively and indirectly related to older nurses' bridge employment intentions through their experiences of work meaningfulness. Results in Study 2 further confirmed the mediating role of work meaningfulness in the relationship between age discrimination and bridge employment intentions, above and beyond the role of affective commitment.

Originality/value

This study contributes to the research by testing the indirect relationship between workplace age discrimination and older workers' bridge employment intentions through work meaningfulness, further raising our awareness of the importance of social and interpersonal experiences in older workers' preretirement jobs to their late-career development.

Details

Career Development International, vol. 27 no. 3
Type: Research Article
ISSN: 1362-0436

Keywords

Article
Publication date: 20 September 2011

Vincent Icheku

The issue of discrimination in Afghanistan is pervasive, and the present report focuses on gender discrimination in employment deemed particularly important for immediate…

1418

Abstract

Purpose

The issue of discrimination in Afghanistan is pervasive, and the present report focuses on gender discrimination in employment deemed particularly important for immediate policy intervention by the international community. The purpose of this paper is to evaluate the measures taken to eliminate gender discrimination in employment since the American‐led invasion in 2001.

Design/methodology/approach

The paper is a literature review with potential to inform policy change to improve the employment situation of rural Afghan women. Although there is paucity of data on many facets of Afghan society, this paper synthesises available information regarding measures to improve employment for Afghan women and discusses factors that should be considered in future employment policies.

Findings

This paper establishes that many rural Afghan women today experience cultural and religious barriers to employment. The paper argues that much as there have been significant improvements in the employment situation of Afghan women living in cities since the US‐led invasion, rural Afghan women still suffer from inequality in employment. In addition, the paper finds that the barriers to employment opportunities confronting rural Afghan women today stem from existing cultural and religious practices.

Practical implications

The current Afghan Government and international community should pursue policies that would terminate the cultural and religious practices that violate Afghan women's employment rights.

Originality/value

The most valuable part of this paper is the new insight into gender discrimination in employment in the run up to the ten‐year anniversary of the ousting of the repressive Taliban regime. The paper's findings would serve as input for the current government's efforts to address gender discrimination in Afghanistan.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 30 no. 7
Type: Research Article
ISSN: 2040-7149

Keywords

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