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This chapter examines the relationship between constitutional guarantees of sex equality, understood as prohibiting unequal treatment between men and women, and the constitutional protections of maternity. Textual guarantees of sex equality are nearly universal in constitutions around the world, and many constitutions in Europe, Latin America, and Asia also include provisions guaranteeing mothers the special protection of the state. In the United States, by contrast, the special treatment of mothers has long been contested as a threat to gender equality, and the efforts to add a sex equality amendment to the U.S. constitution have failed over the past century because of conflicts about the status of motherhood. This study traces the origins and jurisprudential development of maternity clauses in European constitutions to shed light on the possibility of synthesizing maternity protection with a constitutional commitment to gender equality.

This chapter comments on the papers produced as part of the symposium on Law and the Imagining of Difference. The chapter observes that the diversity that marks the human species gives rise to differences across individuals and groups. These differences create a challenge for law, for legal rules, and categories tend, among other things, to flatten or suppress difference. How to ensure that law treats differences properly? One way is to require that legal rules be rationally related to a proper purpose. Another is to require that persons be treated equally. If the principle of equality solves certain problems of flattening, it also may create problems. The key to applying properly the principle of equality, then, is to answer a set of antecedent questions: “who” must be treated as equal to whom, “with respect to what” rights or interests, and “how”? Martha Minow has provided rubrics for addressing these questions in ways that uncover problematic applications of the principle of equality. The chapter addresses the distinct versions of equality presupposed in claims for Douglas NeJaime’s arguments for same-sex marriage, Julie C. Suk’s social and economic approach to sex-based equality, and Megan A. Conway’s and Zanita E. Fenton’s ambitious explorations of the value of equality in the law of disabled persons. The chapter concludes that law can be directly responsive to some claims of inequality, but that other claims will require something other than law.

Public procurement, as well as constituting a means of providing goods and services, also represents a powerful legal instrument available to contracting authorities to ensure compliance with secondary or noncommercial goals. Among these secondary objectives, equality between women and men may be highlighted. The possibility of integrating social concerns into public procurement is envisaged in the Community Directives on public procurement and has also been incorporated in the legal systems of various Member States. This paper studies the inclusion of social clauses on gender equality that appear in the different phases of a procurement procedure in the Spanish Public Procurement Law (Law 30/2007, 30th October, on Public Sector Contracts).

The purpose of this paper is to explore attitudes to employment law and the consequent impact of legislation on Irish employment relations practice.

The paper adopts a comparative approach using two separate pieces of employment law governing race equality, and employee information and consultation, respectively. Semi‐structured interviews with key informants are the main data source, augmented in the case of the information and consultation legislation by focus groups in individual workplaces.

The empirical evidence presented suggests that legislation is not the primary initiator of change. In the case of race equality the market was found to be a key determinant of practice (termed “market‐prompted voluntarism”). However, it is argued that regulation can influence change in organisations, depending on the complex dynamic between a number of contingencies, including the aspect of employment being regulated, the presence of supportive institutions, and organisation‐specific variables.

The comparative findings in this research allow some important inferences to be made regarding the use of law to mandate change in employment relations practice. They, in turn, provide useful lessons for future policy makers, managers, trade unionists and workers.

This paper is unique in its comparison of two separate pieces of legislation. In both cases considered, the legislation was prompted by EU Directives, and the obligation on member states to transpose these Directives into national law. The findings suggest that readiness for legislation, based on length of national debate and acceptance of the underlying concept, can influence its impact. The concept of equality seems to have gained widespread acceptance since the debate provoked by the 1948 Universal Declaration of Human Rights. However, understanding and acceptance of the concept of employee voice has been much less pronounced in the Anglo‐Saxon world.

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.

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.

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.

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

Japan's Ministry of Labour is expected to propose an equality law in order to adjust Japanese laws to the spirit of the Convention on Elimination of all Forms of Discrimination against Women, which Japan is to ratify in 1985. The Japan Federation of Employers' Associations are objecting strongly to the prospect of having to employ everyone according to qualification without differentiating according to sex.

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.

In this chapter, I suggest that Connecticut’s and other states’ recent discontinuation of civil unions in the name of marriage “equality” marginalizes and demeans marriage – rejecting people who may nonetheless wish to codify their intimate partnerships – for purposes of legal “incidents,” including rights and privileges, like hospital visitation rights, testimonial privilege, inheritance rights, etc. In doing so, I also call for a rejuvenation of the practice of granting civil union licenses in these states.

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.

There has been controversy about whether Adam Smith is an economic egalitarian because he expresses at least four distinct views on equality, in two of which, he approves of inequality, and in the other two, he claims otherwise. The purpose of this paper is to isolate and consider these four views carefully to understand Smith’s complete position on equality.

The paper examines Smith’s apparently contradictory views on equality as his evolving response to Hume and Rousseau’s critiques of inequality.

Hume and Rousseau criticize any income inequality that is disproportionate to industry between the rich and poor. Smith’s response to their critiques evolves over time. In his initial response in early writings, he defends inequality in a civilized society by comparing it with a poor primitive society. However, in his later response in The Wealth of Nations, he eventually accepts Hume and Rousseau’s critiques of inequality. According to Smith, an equal and opulent society will evolve. A primitive society is equal but poor. In contrast, an existing civilized society is opulent but unequal. In each society, equality and opulence are incompatible. However, Smith believes that a future civilized society will fully achieve both equality and opulence.

The paper analyses both historically and theoretically the comprehensive structure of Smith’s egalitarian views.