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  Workplace Discrimination
 
Afzal, Asna, "Pakistan, the WTO, and Labor Reform", Boston College International and Comparative Law Review v. 29 no107 (Winter 2006) p. 107-122

Abstract:
Although the WTO has no formal requirements for its members to adhere to labor standards, this article argues that Pakistan and other lesser-developed countries (LDCs) confront considerable pressure to abide by core labor standards in connection with their trade liberalization policies. It argues that developed nation trading partners, above all the United States, the European Union and Canada, seek assurances, upon threat of economic sanctions, that LDCs' export products are made in accordance with accepted labor standards both as a way to protect their own industries and to avoid scandals associated with child labor and sweatshop conditions. Because these demands from the countries of the global North do not acknowledge the economic realities of lesser developed nations, Pakistan's adherence to labor standards in such areas as health and safety, child labor and gender discrimination, are typically "superficial" and unenforced. The article proposes reforms in three areas if Pakistan is to benefit from economic growth and implement meaningful labor standards: (1) civil service reform to promote efficiency and accountability in monitoring labor standards; (2) full employment and anti-poverty measures that would sufficiently raise living standards so that parents would voluntarily remove children from the labor market; and, (3) increased representation for Pakistan and other LDCs in the WTO decision-making process.

Subjects: Case Studies: Country-Specific, Child Labor, Health and Safety, Labor Rights in General (Misc.), Workplace Discrimination, World Trade Organization (WTO)
Newsletter: Vol 5, Issue 11
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Antwi, E. Abena, "Women in the World of Work: After Eighty-Six Years, Has the International Labour Organization Done Enough to Promote Equality?", North Carolina Journal of International Law and Commercial Regulation no31 (Spring 2006) p. 793-821

Abstract:
This article begins with a survey of the history, goals and procedures of the International Labour Organization (ILO) with respect to women's equality in the workplace and then provides three brief case studies of working conditions for women employed in the maquilas and domestic service in Mexico, El Salvador and Guatemala. Although the ILO has various reporting and complaint procedures for enforcement of its various conventions calling for gender equality in the workplace, all of them are voluntary. Despite laws banning workplace discrimination in each of the three countries examined, the author claims there is widespread abuse and discrimination, including employer-mandated pregnancy screening, sexual harassment, hiring discrimination, substandard pay and denial by employers of legally mandated healthcare to female workers. The author concludes that the ILO has largely failed to protect women against workplace discrimination in these countries and that unless it can devise more effective enforcement mechanisms, "its reputation will continue to decline in the world community."

Subjects: Case Studies: Country-Specific, International Labour Organization (ILO), Women’s Rights, Workplace Discrimination
Newsletter: Vol 5, Issue 11
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Baker, Roozbeh (Rudy) B., "Balancing Competing Priorities: Affirmative Action in the United States and Canada,", Transnational Law & Contemporary Problems v. 18 no3 (Fall 2009) p. 527-543

Abstract:
Baker examines the inherent tension between equality rights -- the notion that government should not discriminate by treating some citizens differently than others -- and affirmative action. While a highly formalistic interpretation of equality rights reins in US constitutional jurisprudence, favoring equal treatment over equal outcomes, Canadian courts have instead focused on substantive equality. In Part II, the author details the American approach, arguing that strict scrutiny review is, in essence, a balancing of government interests in remedial programs against the interest of the individuals against whom the law discriminate with the interests of the individuals usually overriding that of the government. The Canadian paradigm is covered in Part III, where Baker discusses a seminal 1993 case where the court balanced the relative disadvantage of the target class served by the law against that of citizens who suffered reverse discrimination and found in favor the program's corrective results. In Part IV, Baker compares the two approaches, arguing that the U.S. uses strict scrutiny review as a shield protecting equal protection guarantees against the unequal effect of race-based…programs, while in Canada, the test is a sword, whereby the nation's courts “save” laws, rather than invalidate them. In response to the incompatibility of affirmative action and equal treatment norms, both countries have struck “polar opposite” priorities, leading, in Baker’s view, to not one but two imperfect systems.

Subjects: Case Studies: Country-Specific, Employment Law, Workplace Discrimination
Newsletter: Vol 9, Issue 1
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Bisom-Rapp, Susan & Frazer, Andrew & Sargeant, Malcom, "Decent Work, Older Workers and Vulnerability in the Economic Recession: A Comparative Study of Australia, the United Kingdom, and the United States", Employee Rights and Employment Policy Journal v. 15 (2011) p. 43-121

Abstract:
This article compares the situation of older workers in three liberal market economy nations: Australia, the UK, and the USA. The authors focus on three priorities drawn from the ILO’s decent work agenda that are especially important to older workers: employment promotion, social protection, and fundamental rights. In Australia, the global recession was mild, and laws prohibiting forced retirement, as well as effective enforcement of anti-discrimination laws further reduced the effects on older workers. In addition, laws that require decent living standards in retirement reduce the likelihood of older workers enduring exploitive working conditions. In contrast, the authors find that the UK struggles to enforce anti-discrimination measures and protections for the elderly and retired persons. In the UK, older workers increasingly work part time in undesirable positions, which signals that employment promotion, anti-discrimination measures, and social safety nets fall short for older workers. The authors find that the US was most affected by the recession, and older workers in the US have disproportionately been forced back into precarious work arrangements in order to support themselves. In addition, anti-discrimination measures fall far short, and a weak social safety net pushes older workers into potentially exploitive labor arrangements. Overall, the authors find that the effects of the recession on older workers were reduced in nations with regulation that directly addresses the needs of older workers.

Subjects: Comparative Labor Law, Employment Law, Workplace Discrimination
Newsletter: Vol 13, Issue 1
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Durkalski, John A., "Fixing Economic Flexibilization: A Role for Flexible Work Laws in the Workplace Policy Agenda", Berkeley Journal of Employment and Labor Law v. 30 no381 (2009) p. 381-403

Abstract:
This article contrasts the United Kingdom and United States' statutes that seek to mitigate the challenge of juggling family care-giving with inflexible work hours. The United Kingdom's Act gives a parent the right to request different work hours to care for any young or disabled child and provides a cause of action if an employer offers an insufficient reason for denying the change in hours. In contrast, the United States' Family and Medical Leave Act (FMLA) merely permits a worker to take unpaid leave to care for sick family members. In addition, the United States permits federal agencies to allow employees to change their hours, but does not compel the agency to adopt flexible schedules upon request. The article concludes that the United Kingdom's Employment Act of 2002 offers workers more flexibility than the United States' current regime. In addition to suggesting that the United States pass legislation like that in the United Kingdom, it proposes that the United States raise the age of a qualifying child to more than six years old; require that an employer's reason for denying a change in hours be objectively reasonable; and provide low-income workers with better access to the adjudicative bodies that review an employer's decision.

Subjects: Anti-Discrimination, Case Studies: Country-Specific, Flexibilization, Workplace Discrimination
Newsletter: Vol 9, Issue 11
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Faber, Emily Miyamoto, "Pregnancy Discrimination in Latin America: the Exclusion of the "Employment Discrimination" from the Definition of "Labor Laws" in the Central American Free Trade Agreement", Columbia Journal of Gender and Law v. 16 (2007) p. 297-336

Abstract:
This article criticizes the recently concluded Dominican and Central American Free Trade Agreement (CAFTA) for failing to include prohibitions against workplace discrimination, and in particular discrimination on the basis of pregnancy. The author describes numerous reports documenting widespread gender discrimination in Central America and the Dominican Republic, including mandatory pregnancy tests as a condition of employment. She notes that this omission can not have been an accident, as non-discrimination provisions are part of the International Labor Organization's "core" labor rights and are routinely included in other free trade agreements. Moreover, during the negotiations for CAFTA, officials in the Bush Administration and in the governments of Central America and the Dominican Republic periodically acknowledged the problem of lax enforcement of existing laws against pregnancy discrimination but nevertheless chose to exclude such provisions from the Agreement. After considering several reasons for this exclusion, the author suggests the most likely explanation is that it was part of a conscious "win-win-lose" strategy designed to benefit businesses facing competition from Chinese manufacturers and the government signatories of the Agreement, but not workers in the maquiladoras, the vast majority of whom are women. The article concludes by suggesting several possibilities for reforming CAFTA to increase enforcement of other existing laws banning workplace discrimination. The author also suggests that CAFTA and future free trade agreements provide incentives or rewards to corporations that adopt voluntary self-regulating guidelines and promise to guarantee workers' rights in line with the ILO Core Labor Standards.

Subjects: Case Studies: Country-Specific, Free Trade Agreements, Health and Safety, Trade Agreements, Women’s Rights, Workplace Discrimination, Workplace Harassment
Newsletter: Vol 6, Issue 4
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Judge, John, "International Employment Discrimination and Racketeering in the Global Economy", Texas Bar Journal v. 72 no3 (2009) p. 192-199

Abstract:
This article examines the legal implications of a particular business model favored by international carriers: affiliating with a foreign corporation (usually Mexican), who then hires truckers to do work for the carrier within the United States. In most cases, the net pay to the imported drivers is just above half of what the carrier would be paying U.S. drivers, making it a quite lucrative tool for carriers. However, the author notes several problems with such a model. First, it may involve violations of federal and Texas employment discrimination laws by paying lower wages based on national origin. Second, it may violate U.S. immigration laws by breaking the provisions of B-1 Visitor for Business visas. Third, the activity may constitute racketeering, providing for criminal penalties and civil damage awards. Finally, carriers who engage in such a model may be violating the tax law for failure to pay state and federal payroll taxes. Thus while it is tempting for a carrier corporation, such a business model should be rejected in order to avoid a plethora of potential liabilities.

Subjects: Case Studies: Industry-Specific, Immigration, Labor Mobility, NAFTA/GATT, Outsourcing, Undocumented Workers, Workplace Discrimination
Newsletter: Vol 9, Issue 8
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Kim, Lillian, "Comment: Mandatory Retirement in the Private Sector: The Reach (or Inapplicability) of the Age Discrimination in Employment Act Domestically and Abroad ", University of Pennsylvania Journal of Business Law v. 12 (Summer 2010) p. 1209-1228

Abstract:
This student note argues mandatory retirement is a clear violation of the Age Discrimination in Employment Act (ADEA) that should not be tolerated by companies who reap the benefits of employing U.S. citizens abroad. Under the current statutory language, employers have been able to exploit ambiguity regarding the interpretation of section 623(h)(2) of the ADEA. Some courts have interpreted section 623(h)(2) of the ADEA as holding that foreign employers are not liable under the ADEA. Other courts have interpreted section 623(h)(2) of the ADEA to mean that foreign employers operating within the U.S. may be held liable under the ADEA. The author argues that Congress should amend section 623(h)(2) by clearly stating the Age Discrimination in Employment Act (ADEA) applies to U.S. and foreign entities employing American citizens. This would permit the U.S. Equal Employment Opportunity Commission and U.S. citizens to hold foreign employers liable for forcing them to participate in mandatory retirement programs. Moreover, the author advocates the creation of a global standard of workplace conduct that prohibits mandatory retirement. However, the author acknowledges that the voluntary nature of global standards may undermine their effectiveness.

Subjects: Employment Law, Pensions, Workplace Discrimination
Newsletter: Vol 12, Issue 4
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Lerouge, Loïc, "Moral Harassment in the Workplace: French Law and European Perspectives", Comparative Labor Law & Policy Journal v. 32 (2010) p. 109-152

Abstract:
In the last decade, some European nations and the European Union have passed legislation to combat "moral harassment," that is, bullying by one employee that damages the physical or mental health of another employee. This article compares judicial interpretations of such legislation in France, Belgium, and the European Union. The author concludes that, in all these jurisdictions, legislation against moral harassment has expanded legally-cognizable claims of employer harassment to include damage to workers' mental, not just physical, well-being. For example, France's highest court has imposed a relatively low burden for workers to establish a prima facie case and interpreted the moral harassment statute's vague penal provisions to impose criminal as well as civil sanctions on employers who act with intent to cause harm. In contrast, in Belgium, far fewer cases have been brought under its moral harassment statute and far fewer have resulted in victories for employees. Although France and Belgium's courts interpret their own nation's statutes by relying on European Parliament directives, the European Court of Justice has adopted a less protective stance than either of these nations and has questioned whether an employer has an obligation to operate a workplace free of moral harassment

Subjects: Anti-Discrimination, Case Studies: Country-Specific, European Union, Workplace Discrimination, Workplace Harassment
Newsletter: Vol 9, Issue 11
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Linos, Katerina , "Path Dependence in Discrimination Law: Employment Cases in the United States and the European Union", Yale Journal of International Law v. 35 no1 (2010) p. 115-169

Abstract:
This article argues that the United States' race-blindness frame, which holds that no socially-relevant attributes are intrinsically connected to race, and the European Union's sex-consciousness frame, which posits that certain socially-relevant attributes are intrinsically connected to sex, have resulted in two major differences in these jurisdictions' employment discrimination jurisprudence. For example, in the EU, statistics alone can establish that a facially-neutral employment practice is discriminatory, whereas, in the US, plaintiffs must also show a causal connection between the challenged employment practice and the statistical disparity. Further, in the EU, courts have held that classifications based on traits closely linked to a protected status (such as pregnancy) are not facially neutral because only members of that protected class (women) have that trait, whereas in the US such classifications are facially neutral because some members of that protected class (non-pregnant women) lack the trait. Although US legislation has abrogated these holdings regarding pregnancy, they remain valid for classifications based on traits other than pregnancy. As a result of these and other differences, US plaintiffs have fewer cognizable discrimination claims based on protected status than EU plaintiffs. Women seeking equal pay between male- and female-dominated professions, women seeking expansive childcare-related accommodations, and immigrants alleging discrimination based on citizenship are more successful under EU law. However, the EU has also extended broader defenses against discrimination claims than are available in the US. Thus, women seeking employment in male-dominated fields, men seeking to prioritize childcare, older persons seeking to work past traditional retirement ages, and physically disabled persons seeking physically demanding jobs, are all better served under US law.

Subjects: Anti-Discrimination, Women’s Rights, Workplace Discrimination
Newsletter: Vol 10, Issue 2
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López-Pabón, María, "The Intersection of Immigration Law and Civil Rights Law: Noncitizen Workers and the International Human Rights Paradigm", Brandeis Law Journal v. 44 (Spring 2006) p. 611-635

Abstract:
This article focuses on the intersection of immigration law, alienage law and civil rights. The author contends that these laws and rights converge in the workplace and she traces their impact on noncitizens of color in the US. Lopez shows how antidiscrimination laws have been interpreted to deny protection to noncitizens, and argues instead for an international human rights approach. López guides the reader through international human rights regimes that protect the noncitizen worker, including discussions of the Universal Declaration of Human Rights of 1948 , the International Covenant on Civil and Political Rights, the International Convention on the Protection of the Right of All Migrant Workers and Members of Their Families, and the Convention on the Elimination of All Forms of Discrimination Against Women. López concludes by stating that antidiscrimination law should apply to noncitizens in the United States regardless of their immigration status and that worker protection should be based on personhood and dignity rather than immigration status.

Subjects: Immigration, Labor Rights as Human Rights, Undocumented Workers, United Nations (UN), Women’s Rights, Workplace Discrimination
Newsletter: Vol 6, Issue 1
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Lu, Jiefeng, "Curb Your Enthusiasm: A Note on Employment Discrimination Lawsuits in China", Richmond Journal of Global Law and Business v. 10 no2 (Spring 2011) p. 211-226

Abstract:
This article is part of a forthcoming series that examines employment discrimination law in China. Despite increased attention to this issue, including a few recent high profile employment discrimination cases and several new laws prohibiting discrimination in the workplace, Lu argues that employment discrimination litigation remains politically sensitive and unpopular. The author introduces results from a survey of Chinese judges that demonstrate that employment discrimination cases comprise an extremely small percentage of the courts’ docket. She argues offers evidence of cultural and political issues that keep employment discrimination from entering the courts. This evidence includes the general unpopularity of litigation as a dispute resolution mechanism among Chinese, as well as the fact that the inconsistencies in Chinese labor law make it difficult to file an employment discrimination lawsuit. For example, despite the rampant discrimination that occurs during the hiring process, many workers are precluded from bringing a claim unless already in a contractual relationship with their employer. In conclusion, Lu argues that successfully deterring employment discrimination will require (1) remedying the inconsistent provisions in Chinese labor law and (2) encouraging citizens to utilize the court system to challenge discriminatory employment practices.

Subjects: Anti-Discrimination, Case Studies: Country-Specific, China, Employment Law, Workplace Discrimination
Newsletter: Vol 11, Issue 5
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Revillard, Anne, "Work/family Policy in France: from State Familialism to State Feminism?", International Journal of Law, Policy and Family v. 20 (2006) p. 133-148

Abstract:
This article examines the historical development of "work/family" policies in France in the 19th and 20th centuries, with particular emphasis on the notion of "familialism," i.e., polices that recognize and promote the family as an institution whose interests eclipse those of its individual members. The author explains the so-called "French paradox," which refers to the apparent disjuncture between official state policy in France since the time of the Code Napoleon to "familialism" and the historically high workforce participation rate of French women as the result of unintended consequences of attempts to promote "famlialism." For example, as part of a pattern of demographic policies aimed at increasing the birth rate, over the course of the 19th and 20th centuries, France adopted a variety of guaranteed maternity leave policies with the right to return to work upon completion of the leave. The author argues that, while the objective of these policies was pro-natalist, the effect was to encourage greater workforce participation by women by assisting them in combining child care responsibilities with paid work, albeit typically on unequal terms of employment with men. The author notes that much of the apparent discrepancy in the "French paradox" is reducible to class distinctions: "family policy" for the middle and upper classes, became "labor policy" for the women of the working class in light of the reality that their incomes were necessary for household survival. Since the 1960s, however, state institutions have to a great extent undermined the traditional policy of familialism with "state feminist" policies, including the creation of governmental bodies specifically aimed at promoting women's rights. The result of this shift has been an explicit promotion of gender equality in the workplace, but has, by contrast, had little effect on gender roles within the family. The new "state feminism," she argues, has a distinctly different impact according to social class. Ironically, current French family policy assists middle class women combine child care responsibilities with professional work, while the French state encourages working-class women to stay at home with their children or work part-time.

Subjects: Anti-Discrimination, Case Studies: Country-Specific, Women’s Rights, Workplace Discrimination
Newsletter: Vol 6, Issue 9
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Rojas, Hugo, "Labor Law and Genetic Discrimination in Chile", Florida Journal of International Law v. 16 (2004) p. 561-581

Abstract:
Professor Rojas discusses (1) the effects that the Human Genome Project could have on a worker's privacy and discrimination in the workplace, and (2) how the legal system in Chile should react to these potential dangers. The author argues that unless greater legal protections are provided, employers could request employees and future applicants to undergo genetic testing, under the guise of seeking higher productivity. Rojas notes that currently, employers request medical records and testing when the employee will be subject to significant risks, such as working in mines at high altitudes. Rojas is concerned that if no further legislation is enacted in Chile, employees will be pressured to waive their genetic privacy to get a job, and that employers will then use the genetic information to discriminate against current and potential employees. The author contends that, although the Chilean Constitution and the Labor Code generally the dignity and privacy of every individual and forbid employment discrimination, the laws are not sufficient to protect workers from pressures that employers place on them to report genetic information as a condition of employment. Rojas also criticizes legislation that is currently proposed in the Chilean Congress concerning genetic research on the grounds that it does not adequately address labor issues. The author urges the legislature instead to approve explicit regulations punishing genetic discrimination and to set limits on the employer's right to genetic information.

Subjects: Case Studies: Country-Specific, China, Employee Privacy, Workplace Discrimination
Newsletter: Vol 4, Issue 9
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Seifert, Achim, "Religious Expression in the Workplace: The Case of the Federal Republic of Germany", Comparative Labor Law & Policy Journal v. 30 no3 (Spring 2009) p. 529-568

Abstract:
Since the 1960's, Germany has shifted from a relatively religiously homogenous society to one of religious diversity. This article argues that German law, particularly German labor law, has not developed a unified system of coping with the country's shifting religious faith. First, the author summarizes the German constitutional provisions that create a limping separation of State and Churches. German law outlaws religious discrimination and prohibits the creation of a State Church, yet provides various benefits to officially state-recognized religious societies (none of which are Muslim) and designates Sunday as the weekly day of rest. Next, he describes the current tools that German labor law possesses to address issues of religious expression between individuals, as well as within labor and faith organizations. Then, the author illustrates the interplay of these areas of the law, as well of the growing relevance of anti-discrimination law due to recent EU directives binding on German labor law. In closing, the author argues that religious expression continues to conflict with other societal interests, such as an employer's freedom in hiring and retaining loyal workers, and it remains to be seen how Germany will handle these conflicts with its patchwork system of religious protections.

Subjects: Anti-Discrimination, Case Studies: Country-Specific, Workplace Discrimination
Newsletter: Vol 10, Issue 7
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Shipper, Apichai W., "Contesting Foreigners' Rights in Contemporary Japan", North Carolina Journal of International Law and Commercial Regulation v. 36 no3 (Spring 2011) p. 506-566

Abstract:
In Japan, population decline has led to a rise in incoming foreign workers. This article analyzes the dynamic interplay of national Japanese policy, which provides for tiered citizenship and political rights based on race, culture, and possession of special skills, against local policy, which is characterized by increasing government-NGO partnerships helping to advance immigrant workers’ rights on and off the job. The tension is evident in Japanese Government raids on workplaces for undocumented workers. Furthermore undocumented workers are excluded from the National Health Insurance (NHI) and are subject to oppressive workplace conditions. In response, local governments have begun providing direct workplace services and set up foreign advisory councils. Meanwhile, Japanese NGOs are pushing for increased enforcement of human trafficking laws, equitable reform of immigration laws, and curbing abuses in immigrant worker training programs. The author points out that these NGOs are collaborating with local governments in order to ease the burden of providing direct services to immigrants, as well as to provide the undocumented with a voice in local government.

Subjects: Case Studies: Country-Specific, Immigration, Japan, Workplace Discrimination
Newsletter: Vol 11, Issue 3
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Tiraboschi, Michele, "The Reform of the Italian Labor Market over the Past Ten Years: A Process of Liberalization?", Comparative Labor Law & Policy Journal v. 29 no4 (Summer 2008) p. 427-453

Abstract:
Tiraboschi seeks to counter the contention of critics, including Italian trade unionists, that the legislative reforms of the past decade were informed by a philosophy of liberalization. He argues that a neoliberal ideology-one based on self-regulation of the market that seeks to "destructure" labor law-formed neither the intentions nor effects of the reform process. Instead, Tiraboschi asserts, Italy's recent reforms are a continuation of past processes responding to an economy characterized by the expansion of an underground, informal economy, innovation due to globalization and internationalization of markets, and the presence of large numbers of women and young people in the in the workforce who require more workplace flexibility. Tiraboschi analyzes reform provisions regarding Italy's constitutional right to work, the regulation of outsourcing, and fixed-term contracts to show that the reforms are consistent with existing case law, consonant with collective bargaining practices and protective labor law, and finally, correspond with the current realities of the Italian labor market, particularly employers' use of informal labor. In sum, Tiraboschi notes that while it may be too early to conclusively judge outcomes, little evidence has emerged to justify critics' prediction the reforms would lead to destructuring of labor law.

Subjects: Case Studies: Country-Specific, Flexibilization, Outsourcing, Workplace Discrimination
Newsletter: Vol 7, Issue 11
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Waddington, Lisa, "When is it Reasonable for Europeans to be Confused: Understanding When a Disability Accommodation is 'Reasonable' from a Comparative Perspective", Comparative Labor Law & Policy Journal v. 29 no3 p. 317-333

Abstract:
This article surveys how different member states of the European Union responded to the challenge of the Employment Equality Directive of 2000. Article 5 of this legislation mandated "reasonable accommodation" of disabled individuals in national legal systems across the EU. The author discusses the many different interpretations of the term "reasonable" and compares the different steps several nations have taken to codify the mandate into law. The article concludes with suggestions for how courts across the EU can clarify the meaning of the term "reasonable accommodation" and implement the directive.

Subjects: Comparative Labor Law, Employment Law, European Union, Workplace Discrimination
Newsletter: Vol 7, Issue 10
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White, Linda, "Respecting Expecting: The 30th Anniversary of the Pregnancy Discrimination Act", Yale Journal of Law and Feminism v. 21 (2009) p. 185-232

Abstract:
This article tracks recent developments in the provision of maternity and parental leave benefits and early childhood education and care (ECEC) in five liberal welfare states, including Australia, Canada, New Zealand, and the United Kingdom. The author highlights the variation between the United States and some of its closes comparators in policies designed to promote work-life balance and maternal labor market participation. She then considers to what extent we are seeing an end to gendered caregiving norms in liberal welfare states, and to what extent states are supporting mothers' employment through social services and the provision of benefits. Part I outlines traditional liberal welfare norms regarding the provision of child care and maternity and parental leave. Part II offers statistical information measuring recent norm changes in the areas of maternal workforce participation, ECEC system-building, and ECEC system integration. This section then tracks relevant policy developments in each of the five liberal welfare states in the areas of ECEC and the provision of maternity and parental leave. Part III further analyzes trends across the five countries, explaining that while the United States is an outlier because it does not provide federal paid parental leave, the U.S. is similar to the other countries in its investment in ECEC services. The article concludes by noting that while the differences among liberal welfare states are not as stark as many might have thought, the U.S. continues to resist the idea that motherhood should trigger benefit entitlements.

Subjects: Anti-Discrimination, Women’s Rights, Workplace Discrimination
Newsletter: Vol 10, Issue 2
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