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Trade unions play a critical role in labour law, in representing workers, negotiating terms and conditions of employment by collective bargaining, lobbying for stronger legislation to improve working conditions and enhance job security, and assisting in the enforcement of legal rights before courts and tribunals. Employers are often hostile to trade unions, and workers need legal protection from the consequences of such hostility. In this Chapter we consider the legislation designed to protect workers from exclusion, blacklisting, discrimination, and victimization because of their trade union membership and activities. We also examine the right not to be a trade union member, as well as the purpose and implications of such a right.T
Use Case 4 in Chapter 7 explores the regulation of MDTs in the context of employment monitoring under the General Data Protection Regulation (GDPR), the Equality Acquis, the Platform Work Directive (PWD), and the Artificial Intelligence Act (AIA). Article 88 GDPR serves as a useful foundation, supported by valuable guidance aimed at protecting employees from unlawful monitoring practices. In theory, most MDT-based practices discussed in this book are already prohibited under the GDPR. Additionally, the EU’s robust equality acquis can effectively address many forms of discrimination in this sector. The AIA reiterates some existing prohibitions related to MDT-based monitoring practices in the workplace. However, a core challenge in employment monitoring lies in ensuring transparency and enforcement. There has long been a call for a lex specialis for data protection in the employment context, which should include a blacklist of prohibited practices or processing operations, akin to the one found in the PWD. Notably, processing and inferring mind data should be included among the practices on this blacklist.
Labour Law, now in its third edition, is a well established text which offers a comprehensive and critical account of the subject by a team of prominent labour lawyers. It examines both collective labour relations and individual employment rights, including equality law, and does so while having full regard to the international labour standards as well as the implications of Brexit. Case studies and reports from government and other public agencies illuminate the text to show how the law works in practice, ensuring that students acquire not only a sophisticated knowledge of the law but also an appreciation of its purpose and the complexity of the issues which it addresses.
This article documents the survival of gender inequalities in UK archaeology. We discover how an early equality and diversity agenda (Morris 1992) was dismantled in the late 1990s and explore the impact this had on women’s careers. Analysis of data from Chartered Institute for Archaeologists1 employment surveys for the period 1999–2008 enables a developed understanding of why many women, often reluctantly, left archaeology in their 30s, in a continual ‘leaky pipeline’, as volunteer group British Women Archaeologists was established. We find core issues linked to this ‘sector exodus’ as a gendering of tasks/under-employment, lack of support around parenting, and gendered promotion, leading to pay disparity. We argue that a refusal in the late 1990s to modernize employment structures around women workers’ needs underpins ongoing economic precarity in the sector.
Conflict-related sexual violence and the rights of female victims have received scholarly attention, but the same cannot be said of post-conflict rejection and re-victimization of the victims and the violation of their rights. This article examines the rejection and re-victimization of the returnee victims / survivors of Nigeria’s Boko Haram’s sexual terrorism. It discusses how this violates their fundamental human rights as contained in various UN conventions and other legal frameworks. Relying on a legal-doctrinal approach, it examines these violations and the difficulty in enforcing such rights. Findings reveal that these human rights violations continue through the rejection and re-victimization of victims / survivors by family and community members. Despite these obvious rights violations, it has been difficult to seek legal redress for enforcing such rights due to the absence of political will on the part of the government.
An abundance of statistics has shown gender disparity in hiring decisions. This paper shows that a previously unexplored factor, the decision-making process utilized by a hiring committee, plays a crucial role. Using a laboratory experiment, we find that gender disparity is eliminated when hiring decisions are made unanimously by a group. By comparison, we find that gender disparity is largest when decisions are made by a leader who volunteers. We do not find evidence of heterogeneity by gender as the results persist regardless of the number of women in the group or the leader’s gender. The experimental design allows us to rule out several possible mechanisms including differences in leadership characteristics and communication styles.
For centuries, English law discriminated against Catholics and Jews. Those rules were mostly repealed in the 19th century, but surprisingly the law still says that a Catholic or Jewish person cannot advise the King on appointments within the Church of England or Church of Scotland. Ordinarily, new Church of England bishops are nominated by the King on the advice of the Prime Minister, but a Catholic or Jewish Prime Minister could not exercise that function; it would have to devolve on another Minister of the Crown. The article analyses the impact of this rule today, and, drawing on two interviews, considers how this rule was applied when Boris Johnson was Prime Minister. The article argues that the discriminatory rule should be repealed, allowing any Prime Minister, regardless of their faith or lack thereof, to carry out their duties in full.
Equality law has developed into a mature and sophisticated field of law across jurisdictions. At the same time, inequality too has bourgeoned. This Article explores this paradox. It argues that the widening gulf between equality law and persisting inequalities can be addressed through a ‘structural turn’ in equality law. The structural turn is imagined in contrast with the liberal view which sees the harm of inequality/discrimination as something inflicted by and against individuals or collectivities through specific acts or omissions. The structural view places individual victims and perpetrators within the broader dimensions of the social, economic, legal, political, psychic and cultural contexts in which they exist and the power relations within them. The way these dimensions interact with each other and against the relationships of power within them, reveals how structural harm is occasioned. This Article argues that structural harm need not only be treated as a product of structures, including a structure such as equality law, but as the target of equality law which is open to not only enacting structural harm but also structural change.
This Article explores the reach of Section 9 of South Africa’s democratic Constitution which entrenches the right to equality before the law and equal protection and benefit of the law in the light of the long legacy of apartheid geography. It argues that the equality clause has had its most profound impact in relation to areas of the law where discrimination is embedded in legal rules, perhaps most notably in the field of family law, and that it has had less impact in addressing patterns of material inequality that run along racial lines but that are not directly furthered by legislation or legal rules. It identifies some of the reasons why the equality clause is less effective at addressing patterns of racial inequality that arise from social and economic practices.
Philosophical accounts of discrimination distinguish the question of what discrimination is from the question of its wrongfulness. This article addresses these two questions in the context of anti-homeless hostile design of public spaces. Regarding the first question, all forms of anti-homeless hostile design amount to discrimination, with typical cases (for example, anti-homeless spikes or benches) being direct discrimination, but with some cases (for example, CCTV not intended to target the homeless) being indirect discrimination. Regarding the second question, it is argued that all major accounts of the wrongness of discrimination identify the usual, directly discriminatory hostile design as wrongful on account of its harmful or disrespectful character. Most accounts also consider the less common indirectly discriminatory hostile design to be possibly wrongful, especially given the severe disadvantages faced by the homeless in contemporary cities.
Standard conceptions of discrimination cannot account for all that is morally wrong about discrimination, as they cannot explain how individual acts of discrimination wrong not only their direct target but also all members of the targeted social group. In response to this lacuna, I develop a comprehensive account according to which discrimination consists of two interdependent wrongs: to discriminate against B, A must, first, treat B worse than C in a way that is grave enough to make this differential treatment morally wrong; and second, A must do so in a way that is disrespectful to B and to the social group B is perceived to belong to.
Chapter 7 considers the severity threshold in the Act. Examining how the law establishes severity, it asks whether the threshold can be justified – particularly given that the Act’s standard definition of disability (which is based on functional deficit) applies a lower threshold of substantiality. It argues that the severity threshold is out of step with the lived experience of visible difference and explores whether the concept of perceptive discrimination can be used to bypass this problematic threshold. This chapter also addresses the problem of complex conditions – those which include both an aspect of disfigurement and of function – and concludes that, mirroring academic debate about the rigidity of models of disability, the law’s approach is not flexible enough to encompass all types of disabling barrier holistically.
Chapter 4 draws on both existing research and semi-structured interviews with people with visible differences to explain what we know about the human experience – both psychological and social – of having a disfigurement. For instance, are particular types of disfigurement more vulnerable to discrimination than others? Are certain life contexts impacted more acutely? Are coping mechanisms commonly used? It considers the link between physical appearance and perceived personality traits. And it challenges common assumptions – like the idea that more severe disfigurements are always worse to live with (an erroneous assumption which lives on undaunted in the law). Despite methodological difficulties in researching such a dynamic and underexplored area, this chapter identifies significant disadvantages in looking different. With this in mind, this chapter probes how people with lived experience of visible difference understand their experiences and relate them to the law. Exploring the legal consciousness of this group of people provides a partial insight into the low numbers of claims brought under the relevant part of equality law. It interrogates the gulf between what the law says on paper and how it works in real life, revealing tensions and mixed messages which undermine law’s potential for effectiveness.
Worldwide, more than 125 countries have enacted legal provisions against disability-based discrimination; such legislation was also a core demand of Japanese and Korean disability rights activism. Despite the rapid diffusion of non discrimination norms, we know less about why their forms vary and how they have affected rights-claiming options. Through a paired comparison of activism surrounding statutes enacted in Korea and Japan in 2007 and 2013, respectively, Chapter 5 shows how advocacy for such legislation and related litigation transformed governance and created legal opportunities. To a greater extent in Korea than in Japan, people with disabilities gained non discrimination rights, mechanisms for redressing discrimination, support from NGOs and state agencies, and the legal tools with which to solidify and expand anti discrimination protections in court and through statutory revisions.
This article explores the extent to which listeners vary in their ability to notice, identify and discriminate variable linguistic features. With a view to improving speaker evaluation studies (SES), three types of experiments were conducted (noticing tasks, identification tasks and discrimination tasks) with regard to variable features using word- or sentence-based stimuli and focusing on three variables and their variants – (ING): [ɪŋ], [ɪn]; (T)-deletion: [t], deleted-[t]; (K)-lenition: [k], [x]. Our results suggest that the accurate noticing, identifying and discriminating of variants is somewhat higher in words than in sentences. Correctness rates differ drastically between variants of a variable. For (ING), the non-standard variant [ɪn] is more frequently identified and noticed correctly. Yet, for the variables (T)-deletion and (K)-lenition, the standard variants are identified and noticed more successfully. Results of the current study suggest that a more rigorous elicitation of identification and noticing abilities might be useful for a more complete understanding of the nature of social evaluation.
Postpartum depression is prevalent among Black women and associated with intersecting systemic factors and interpersonal discrimination. However, gaps remain in understanding pregnancy-related changes in discrimination experiences that influence postpartum mental health and could inform preventive interventions. We hypothesized that young Black women would experience increasing levels of discrimination across the transition to parenthood, heightening depression risk relative to non-pregnant peers.
Methods
Participants comprised 335 Black primiparous women (ages 17-30 at delivery) and 335 age- and discriminationmatched non-pregnant controls from the Pittsburgh Girls Study. Self-reported discrimination experiences were collected at four timepoints: two years pre-pregnancy, one year pre-pregnancy, pregnancy, and one year postpartum for the childbearing sample, with corresponding data from the non-pregnant sample across the same interval (matched pairwise).
Results
Linear increases in discrimination were observed for the nonpregnant participants (BS = .480, SE = .090, p <.001), while childbearing participants showed no overall changes, though younger age predicted greater increases over time. For childbearing participants, both baseline discrimination (BI = .626, SE = .077, p < .001) and increasing discrimination (BS = 2.55, SE = .939, p < .01) predicted postpartum depressive symptoms, controlling for pre-pregnancy depression. Among non-pregnant participants, only baseline discrimination predicted later depression (BI = .912, SE = .081, p < .001).
Conclusions
Experiencing increasing levels of interpersonal discrimination across the transition to parenthood may heighten postpartum depression risk among young Black women, indicating a need for interventions supporting well-being and promoting resilience before, during and after pregnancy.
This paper introduces the concept of self-fulfilling testimonial injustice: a distinctive form of epistemic injustice whereby credibility deficits become true by shaping the very conditions that sustain them. Much of the literature on testimonial injustice has rightly emphasized cases in which credibility deficits are rooted in false beliefs, themselves underwritten by ethically bad affective investments. Yet such a focus risks obscuring a structurally significant variant: namely, those credibility deficits that are rendered true through self-fulfilling mechanisms. Drawing on insights from economics and psychology, I distinguish between motivated cognition-based and cognitive bias-based testimonial injustice, which together furnish the background conditions under which self-fulfilling testimonial injustice can take hold. I develop this account by drawing on both theoretical and experimental work on labor market discrimination, which illuminates the ways in which credibility deficits may become self-fulfillingly entrenched. Finally, I explore the distinctive harms of this form of injustice, focusing on its corrosive effects on epistemic self-confidence or self-trust and epistemic self-esteem, and suggest that its insidiousness and relative invisibility render it both difficult to detect and potentially more pervasive than has hitherto been acknowledged.
Drinking culture. What happens in the field. It was just a joke. Don’t rock the boat. Archaeology staggers under the weight of its many “gray zones,” contexts of disciplinary culture where boundaries, relationships, ethical responsibilities, and expectations of behavior are rendered “blurry.” Gray zones rely on an ethos of silence and tacit cooperation rooted in structures of white supremacy, colonialism, heteropatriarchy, and ableism. In the gray zone, subtle and overt forms of abuse become coded as normal, inevitable, impossible, or the unfortunate cost of entry to the discipline. Drawing on narrative survey responses and interviews collected by the Working Group on Equity and Diversity in Canadian Archaeology in 2019 and 2020, we examine the concept of the gray zone in three intersecting contexts: the field, archaeology’s drinking culture, and relationships. The work of making archaeology more equitable relies on our ability to confront gray zones directly and collectively. We offer several practical recommendations while recognizing that bureaucratic solutions alone will not be sufficient. Change will require a shift in archaeological culture—a collective project that pulls gray zones into the open and prioritizes principles of care.
StopAsianHate protests arose in the West during the COVID-19 pandemic, opposing a perceived increase in hate incidents directed against Asians in general and Chinese people in particular. These events raise a question: what is the nature of attitudinal biases about Chinese people in the English-speaking world today? Here, we seek answers with AI and big data. Using BERT language models pre-trained on massive English-language corpora (books, news articles, Wikipedia, Reddit and Twitter) and a new method for measuring natural-language propositions (the Fill-Mask Association Test, FMAT), we examined three components of attitudinal biases about Chinese people: stereotypes (cognitive beliefs), prejudice (emotional feelings) and discrimination (behavioural tendencies). The FMAT uncovered relative semantic associations between Chinese people and (1) cognitive stereotypes of low warmth (less moral/trustworthy and less sociable/friendly) and somewhat low competence (less assertive/dominant but equally capable/intelligent); (2) affective prejudice of contempt (vs admiration); and (3) behavioural discrimination of active/passive harm (vs help/cooperation). These findings advance our understanding of attitudinal biases towards Chinese people in the English-speaking world.
Antisemitism was a determining feature of Nazi ideology. The racial state was to be established through the so-called “Judenpolitik,” which aimed to “reduce Jewish influence,” make life for Jews in Germany difficult or impossible, and eventually drive Jews out of Germany. Although this policy was directly inspired by Hitler’s own thinking and by Nazi ideology, the resulting discrimination and persecution, culminating in genocide, was not a linear top-down process but rather the result of a dynamic interaction between central Nazi Party and state institutions, often triggered by bottom-up initiatives by local party activists at municipal level. Terror against Jews was used to drive this policy. It encompassed coercion and violence against Jews or people considered to be Jewish accompanied by legal measures to oust Jews from public life in Germany, reflecting what émigré lawyer Ernst Fraenkel described as a “dual state”: a “state of measure or action,” which used terror to quench opposition and fight “racial opponents,” and the “state of norms,” which employed legislation to achieve its aims while preserving legal certainty in order to avoid antagonizing majority society.