scholarly journals ERISA Preemption of State and Local Laws on Domestic Partnership and Sexual Orientation Discrimination in Employment

1998 ◽  
Vol 8 (2) ◽  
Author(s):  
Catherine L. Fisk
Keyword(s):  
Sexual Orientation ◽  
Orientation Discrimination ◽  
Sexual Orientation Discrimination ◽  
Discrimination In Employment ◽  
Domestic Partnership ◽  
State And Local

4. Discrimination in Employment

2017 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Sexual Orientation ◽  
Employment Discrimination ◽  
Orientation Discrimination ◽  
Religious Discrimination ◽  
Sexual Orientation Discrimination ◽  
Indirect Discrimination ◽  
Key Concepts ◽  
Discrimination In Employment ◽  
History Of ◽  
The Uk

This chapter discusses anti-discrimination law in the UK in the employment sphere. After providing a brief history of the development of UK discrimination law, it introduces the Equality Act 2010, explaining the forms of discrimination it covers and how it works. Key concepts of equality law are then discussed, such as direct and indirect discrimination and unique mechanisms for proving a discrimination claim. After outlining the remedies available in discrimination actions, the chapter then explores issues specific to discrete grounds of discrimination. This analysis tackles sex-discriminatory dress codes, the problem of what counts as an ‘ethnicity’, and the apparent clash between protections against sexual orientation discrimination and religious discrimination. Finally, the specialized approaches to disability and age discrimination under the Equality Act are explained, rounding out a comprehensive and up-to-date coverage of UK employment discrimination law.

4. Discrimination in employment

2019 ◽  
pp. 254-365
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Sexual Orientation ◽  
Orientation Discrimination ◽  
Religious Discrimination ◽  
Equal Pay ◽  
Sexual Orientation Discrimination ◽  
Indirect Discrimination ◽  
Key Concepts ◽  
Discrimination In Employment ◽  
History Of ◽  
The Uk

This chapter discusses anti-discrimination law in the UK in the employment sphere. After providing a brief history of the development of UK discrimination law, it introduces the Equality Act 2010, explaining the forms of discrimination it covers and how it works. Key concepts of equality law are then discussed, including direct and indirect discrimination, harassment, and victimization. The chapter examines each protected characteristic in turn, highlighting the issues specific to each, including equal pay, sex-discriminatory dress codes, the additional protections against discrimination afforded to disabled people, compulsory retirement ages, and the apparent clash between protections against sexual orientation discrimination and religious discrimination.

4. Discrimination in employment

2019 ◽  
pp. 244-350
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Sexual Orientation ◽  
Employment Discrimination ◽  
Orientation Discrimination ◽  
Religious Discrimination ◽  
Sexual Orientation Discrimination ◽  
Indirect Discrimination ◽  
Key Concepts ◽  
Discrimination In Employment ◽  
History Of ◽  
The Uk

This chapter discusses anti-discrimination law in the UK in the employment sphere. After providing a brief history of the development of UK discrimination law, it introduces the Equality Act 2010, explaining the forms of discrimination it covers and how it works. Key concepts of equality law are then discussed, such as direct and indirect discrimination and unique mechanisms for proving a discrimination claim. After outlining the remedies available in discrimination actions, the chapter then explores issues specific to discrete grounds of discrimination. This analysis tackles sex-discriminatory dress codes, the problem of what counts as an ‘ethnicity’, and the apparent clash between protections against sexual orientation discrimination and religious discrimination. Finally, the specialized approaches to disability and age discrimination under the Equality Act are explained, rounding out a comprehensive and up-to-date coverage of UK employment discrimination law.

The strong global trend of prohibiting employment discrimination based on sexual orientation

2021 ◽  
Vol 24 (3/4) ◽  
pp. 388-400
Author(s):  
Kees Waaldijk
Keyword(s):  
Sexual Orientation ◽  
Orientation Discrimination ◽  
Sex Partners ◽  
The European Union ◽  
Social Strategies ◽  
Content Type ◽  
Sexual Orientation Discrimination ◽  
Homosexual Orientation ◽  
Global Trend ◽  
Discrimination In Employment

Abstract Over the last 30 years, more than 85 countries have prohibited sexual orientation discrimination in employment. Enacting such legal prohibitions has thereby become the most common form of legal recognition of homosexual orientation (more so than the decriminalisation of homosexual sex or the opening up of family law to same-sex partners). The trend is global (ten countries in Africa, more in Asia/Oceania, many in Europe and the Americas). The trend is reflected in supranational rules of the European Union and the Organisation of American States and also in decisions of international human rights bodies. On the basis of these numbers and developments, and in light of the various factors that help explain the strength of this global trend, the author argues that it is to be expected that the trend will continue to reach more and more countries. Explicit legal prohibitions of sexual orientation discrimination in employment can play a useful – perhaps central – role amongst other legal, educational, and social strategies aimed at increasing LGB inclusion.

scholarly journals Sexual Orientation and the Canadian Labour Movement

2005 ◽  
Vol 52 (4) ◽  
pp. 787-811 ◽  
Author(s):  
Gerald Hunt
Keyword(s):  
Sexual Orientation ◽  
Public Sector ◽  
Organizational Leadership ◽  
Leadership Role ◽  
Orientation Discrimination ◽  
Equal Rights ◽  
Labour Movement ◽  
Sexual Orientation Discrimination ◽  
Regional Dynamics ◽  
Canadian Labour Congress

The response of the Canadian labour movement to sexual orientation discrimination has been mixed and uneven. The Canadian Labour Congress, along with several provincial federations and a grouping number of unions, have taken a leadership role in promoting equal rights for gays and lesbians, while other labour organizations have done nothing at all. Public sector and Canadian based unions are much more likely to have been active than have American-based unions, even though there are important exceptions to these trends. These developments are partially explained by regional dynamics, membership demographics, degree of activism, the presence of women's committees, and organizational leadership.

Dignity and Disgrace: Moral Citizenship and Constitutional Protection

2013 ◽  
Author(s):  
Edwin Cameron
Keyword(s):  
Sexual Orientation ◽  
South African ◽  
Orientation Discrimination ◽  
Constitutional Court ◽  
South Africans ◽  
Constitutional Protection ◽  
Sexual Orientation Discrimination ◽  
Moral Citizenship ◽  
Gays And Lesbians ◽  
South African Constitution

Apartheid’s race discrimination branded blacks inferior, leaving a residue of indignity that was perceived and experienced as shameful. This explains the pivotal significance of dignity in the South African Constitution. Hence the Constitutional Court has created a normative framework for South Africans to assert personhood without the shameful stigmata of past subordination. The Court’s strong protection of sexual orientation is best understood against this backdrop. While there is no ready comparison between race and sexual orientation discrimination, both brand those they subordinate as inferior and thus as the objects of shame. The Court’s jurisprudence on gays and lesbians has, therefore, afforded equality, but also addressed the shameful subordination of the past by enabling gays and lesbians to assert themselves as equal moral citizens who can fulfil their capacities as humans without shame.

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