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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…
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.
Scholars increasingly recognize the centrality of legal ideas and language to the political vision that inspires American conservatism. However, relevant studies have been…
Scholars increasingly recognize the centrality of legal ideas and language to the political vision that inspires American conservatism. However, relevant studies have been limited to the discursive practices that motivate conservative activism at the grass-root level. Exploration of the legal discourses employed by prominent public officials thus carries significant scholarly potential. For example, this chapter's investigation of President Ronald Reagan reveals that his political vision was suffused with legal discourse. Reagan's legal discourse, moreover, has exerted constitutive effects both on American conservatism and on the form and substance of a great deal of contemporary American public policy.
The subject of part‐time work is one which has become increasingly important in industrialised economies where it accounts for a substantial and growing proportion of total employment. It is estimated that in 1970, average annual hours worked per employee amounted to only 60% of those for 1870. Two major factors are attributed to explaining the underlying trend towards a reduction in working time: (a) the increase in the number of voluntary part‐time employees and (b) the decrease in average annual number of days worked per employee (Kok and de Neubourg, 1986). The authors noted that the growth rate of part‐time employment in many countries was greater than the corresponding rate of growth in full‐time employment.
The purpose of this paper is to explain the virtues (despite Moellendorf's criticisms) of the geoliberal framework of social justice, which assumes that people have rights…
The purpose of this paper is to explain the virtues (despite Moellendorf's criticisms) of the geoliberal framework of social justice, which assumes that people have rights to themselves and that all people have equal rights to natural opportunities.
After describing geoliberalism, the paper responds to Moellendorf's arguments, enlarging on the issues that arise.
Geoliberalism withstands Moellendorf's criticisms.
People can advocate geoliberal institutions in good conscience.
The paper provides principled, succinct responses to concerns people may have had about geoliberalism.
This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of…
This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of industrial and economic democracy, which centres around the establishment of a new sector of employee‐controlled enterprises, is presented. The proposal would retain the mix‐ed economy, but transform it into a much better “mixture”, with increased employee‐power in all sectors. While there is much of enduring value in our liberal western way of life, gross inequalities of wealth and power persist in our society.
As coronavirus disease 2019 (COVID-19) spreads globally, the economic and health consequences are disproportionately affecting marginalized workers. However, countries'…
As coronavirus disease 2019 (COVID-19) spreads globally, the economic and health consequences are disproportionately affecting marginalized workers. However, countries' existing labor and social security laws often exclude the most vulnerable workers from coverage, exacerbating existing inequalities. Guaranteeing the rights to adequate income even when ill, decent working conditions and nondiscrimination in constitutions may provide a foundation for protecting rights universally, safeguarding against counterproductive austerity measures, and providing a normative foundation for equality and inclusion as economies recover. The purpose of this article is to examine the prevalence of these rights globally and assess some of their early impacts amid the pandemic.
The authors created and analyzed a database of constitutional rights for all 193 United Nations member states. All constitutions were double coded by an international multidisciplinary, multilingual team of researchers.
This study finds that 54% of countries take some approach to guaranteeing income security in their constitutions, including 23% that guarantee income security during illness. Thirty-one percent guarantee the right to safe working conditions. Only 36% of constitutions explicitly guarantee at least some aspect of nondiscrimination at work. With respect to equal rights broadly, constitutional protections are most common on the basis of sex (85%), followed by religion (78%), race/ethnicity (76%), socioeconomic status (59%), disability (27%), citizenship (22%), sexual orientation (5%) and gender identity (3%). Across almost all areas, protections for rights are far more common in constitutions adopted more recently.
This is the first study to systematically examine protections for income security and decent work, together with nondiscrimination, in the constitutions of all 193 UN member states.
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have…
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in British law as it affects the employment field, plus an evaluation and analysis of some of the different types of employment relationships which have evolved by examining, where possible, the status of each of these relationships. Concludes that the typical worker nowadays finds himself in a vulnerable position both economically and psychologically owing to the insecurity which exists.
Purpose: The United States became a member of the United Nations’ (UN’s) core anti-racism treaty, International Convention on the Elimination of All Forms of Racial…
Purpose: The United States became a member of the United Nations’ (UN’s) core anti-racism treaty, International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), but has not passed the UN’s core gender equality treaty, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This chapter explores why the United States passed only one of the conventions. It reviews the power, misinterpretation, and compliance theories that explain why only one of the treaties was ratified. In addition, it offers a fourth explanation of the nation’s behavior – that of relative cost.
Findings: This chapter shows that CEDAW’s mandates, which are specific in nature, are costlier with respect to public services, educational resources, and programs to alleviate cultural prejudices, than are the more broadly framed ICERD mandates. This chapter finds this difference as a driving factor for the nation to enter into the race convention and not the women’s rights pact.
Methodologies: Methodologies used in this publication include feminist and legal analyses and the examination of US policies as well as statements made by political figures.
Originality: This chapter makes contributions to legal and feminist scholarship by providing insight into the nation’s adoption of ICERD, and its failure to ratify CEDAW despite its stance that it is a supporter of women’s rights. The implications of this study are that while the power, misinterpretation, and compliance theories are useful to understand the apparent discrepant response to the two treaties, relative cost as defined by the different ways in which the treaties are framed is also useful in explaining the United States’ failure to ratify the gender equality treaty. Though CEDAW is more specific in its identification of equality issues and is costlier than ICERD, the advancement of both gender and racial equality in the United States falls short of international standards.
The progressive limits to rights mobilization have become starkly apparent in the past two decades. No new suspect classes have been forthcoming from the Supreme Court…
The progressive limits to rights mobilization have become starkly apparent in the past two decades. No new suspect classes have been forthcoming from the Supreme Court since 1977 despite continued demands for legal recognition by lesbians and gays, indigenous peoples and others interested in expanding civil rights doctrine. Public tolerance for civil rights measures has likewise dried up. Since the 1960s, referenda on civil rights have halted affirmative action programs, limited school busing and housing discrimination protections, promoted English-only laws, limited AIDS policies, and ended the judicial recognition of same-sex marriage, among other issues. Nearly 80% of these referenda have had outcomes realizing the Madisonian fear of “majority tyranny”1 and signaling the Nietzschean dread of a politics of resentment (Brown, 1995, p. 214; Connolly, 1991, p. 64).
Legalists and social scientists have not been able to explain the expansion of gay rights in a conservative age because they refuse to respect the special qualities of…
Legalists and social scientists have not been able to explain the expansion of gay rights in a conservative age because they refuse to respect the special qualities of judicial decision making. These qualities require the Supreme Court to look simultaneously at the past, present, and future, and, most importantly, to determine questions of individual rights through a consideration of how citizens are to live under a continuing rights regime. Unless scholars understand how and why Supreme Court decision making differs from that of more directly politically accountable institutions we can expect no greater success in explaining or predicting individual rights in the future.