This book is a challenging, thought-provoking yet highly accessible introduction to discrimination law. It takes a thematic approach, illuminating the major issues in discrimination law, while imparting an in-depth understanding of the strengths and weaknesses of legal responses to complex social problems of inequality. This is enhanced by the comparative approach. By considering equality law in the UK, US, India, Canada, and South Africa, as well as the European Union and under the European Convention on Human Rights, the book exposes common problems across different jurisdictions and canvasses a variety of differing solutions. As in the highly successful previous editions, the book locates discrimination law within its historical and social context. One of its major strengths is the development of an analytic framework of substantive equality, drawing on a range of sources, and the author's wide experience of equality law in many jurisdictions. As well as chapters charting the social challenges and legal responses, the book compares the ways in which different jurisdictions formulate grounds of discrimination or protected characteristics; the meaning of key concepts such as direct discrimination (disparate treatment); indirect discrimination (disparate impact); and when limitations on equality are legitimate. Later chapters test these concepts in some of the most challenging contexts: pregnancy and parenting, equal pay, reasonable accommodation, and sexual harassment; as well as to the particularly controversial issue of affirmative action or deliberate preference policies. Discussing at length how racisms, sexism, LGBTQ+ rights, and other topics impact these contexts. The final chapter asks how the right to equality can be made more effective, critically assessing the paradigm individual complaints model, and possible alternatives, from class actions and strategic litigation to mainstreaming and positive duties to promote equality.

"Why do we think about some practices as work, and not others? Why do we classify certain capacities as economically valuable skills, and others as innate characteristics? What, moreover, is the role of law in shaping our answers to these questions?" These are just some of the queries explored by Zoe Adams's analysis of the legal construction, and regulation, of work. Spanning from the 14th century to the present day, The Legal Concept of Work explores how the role of law and legal concepts comes to consider some forms of human labour as work, and some forms of human labour as non-work. It examines why perceptions of these activities can change over time, and how legal constitution impacts the way in which work comes to be regulated, organised, and valued. As part of the analysis, the book presents a series of case studies, ranging from the publishing industry, academia, medicine, and retail, with a view of illustrating some of the regulatory challenges different types of work face, in the context of capitalism.

The leading book on the subject of occupational health & safety revised in line with recent UK legislation and practice. New to this edition is the foreword by Judith Hackitt CBE, Chair of the Health and Safety Executive and a brand new chapter on the latest EU and international regulations and directives. Safety at Work is widely accepted as the most authoritative guide to health and safety in the workplace. Offering detailed coverage of the fundamentals and background in the field, this book is essential reading for health and safety professionals or small company owners. Students on occupational health and safety courses at diploma, bachelor and masters level, including the NEBOSH National Diploma, will find this book invaluable, providing students with the technical grounding required to succeed. Edited by an experienced and well-known health and safety professional with contributions from leading experts in research and practice.

Comprising five thematic sections, this volume provides a critical, international and interdisciplinary exploration of employment relations. It examines the major subjects and emerging areas within the field, including essays on institutional theory, voice, new actors, precarious work and employment. Led by a well-respected team of editors, the contributors examine current knowledge and debates within each topic, offering cutting-edge analysis and reflection. The Routledge Companion to Employment Relations is an extensive reference work that offers students and researchers an introduction to current scholarship in the longstanding discipline of employment relations. It will be an essential addition to library collections in business and management, law, economics, sociology and political economy.

Why does a country with religious liberty enmeshed in its legal and social structures produce such overt prejudice and discrimination against Muslims? Sahar Aziz's groundbreaking book demonstrates how race and religion intersect to create what she calls the Racial Muslim. Comparing discrimination against immigrant Muslims with the prejudicial treatment of Jews, Catholics, Mormons, and African American Muslims during the twentieth century, Aziz explores the gap between America's aspiration for and fulfillment of religious freedom. With America's demographics rapidly changing from a majority white Protestant nation to a multiracial, multireligious society, this book is an in dispensable read for understanding how our past continues to shape our present-to the detriment of our nation's future.

The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Right should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. This book culminates in the proposal and elaboration upon an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.

The International Labour Organization was created in 1919, as part of the Treaty of Versailles that ended the First World War, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. As the oldest organisation in the UN system, approaching its 100th anniversary in 2019, the ILO faces unprecedented strains and challenges. Since before the financial crisis, the global economy has tested the limits of a regulatory regime which was conceived in 1919. The organisation's founders only entrusted it with balancing social progress with the constraints of an interconnected open economy, but gambled almost entirely on tools of persuasion to ensure that this would happen. Whether that gamble is still capable of paying-off is the subject of this book, by a former ILO insider with an unrivalled knowledge of its work. The book forms part of a broader inquiry into the relevance of founding institutional principles to today's context, and strives to show that the bet made on persuasion may yet pay off. In part, the text argues that there may be little alternative anyway, showing that the pathways to more binding solutions are fraught with difficulty. It also shows the ILO's considerable future potential for promoting effective, universal regulations by extending its tools of persuasion in as yet insufficiently explored directions. Starting with an examination of how the organisation's institutional context differs from 93 years ago, the author goes on to evaluate the prospects of numerous proposals put forward today, including the trade/labour linkage, but going beyond this. As a case study in how strategic choices can be made under legal, social and institutional constraints, the book should be valuable not only to those with an interest in the ILO, but to anyone who studies international organisation, labour law, law and society or political economy.

The UK's transfer of undertakings legislation - TUPE - is of immense practical, commercial, and financial significance to employers and employees in both the public and private sectors, yet it is also one of the most notoriously complex and unpredictable areas of employment law. This specialist reference text offers a concise yet comprehensive examination of all aspects of TUPE, covering issues such as when the regulations apply, the legal effects of a transfer, the information and consultation requirements of the legislation, and claims arising from transfer related dismissals. This third edition, updated to reflect the developments in this area since the previous edition in 2016, addresses decisions such as Govaerts and McTear on the impact on employees of the division of the undertaking in or services on which they work, Astrea on the validity of allegedly improper beneficial changes agreed pre transfer, Nicholls on the application of TUPE to public sector transfers, the application of TUPE to workers in Dewhurst, and many others.

Concentrate Q&A Employment Law guides you through how to structure a successful answer to a legal problem. Whether you are preparing for a seminar, completing assessed work, or revising for an exam, this guide shows you how to break down each question, take your learning further, and score extra marks. The Concentrate Q&A series has been developed in collaboration with hundreds of law students and lecturers across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any other Q&A guide. Digital formats and resources The 2nd edition is available for students and institutions to purchase in a variety of formats, and is supported by extensive online resources to take your learning further (www.oup.com/lawrevision/). The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks/. The online resources include additional questions with answer guidance and advice on revision and exam technique from experienced examiner Nigel Foster.

A trenchant account of an unacknowledged driver of inequality and wage stagnation in America: the abandonment of antitrust law, which has allowed corporations to combine into a smaller number of massive conglomerates whose market dominance robs workers of their bargaining power. The consequences of the massive consolidation wave in corporate America that began decades ago are now increasingly apparent: labor markets are no longer competitive. Since the 1970s, Americans have seen income and wealth inequality skyrocket-and job opportunities stagnate. There are many theories of why this happened, including the decline of organized labor and the introduction of tax policies that favored the rich. However, another crucial event was the precipitous decline in antitrust enforcement that began in earnest during the Reagan administration. With ever-increasing combination and consolidation, workers had fewer options to turn to. In How Antitrust Law Failed Workers, Eric Posner documents the role of antitrust in our economy and why it failed. Only through reforming antitrust law can we shield workers from employers' overwhelming market power. As Posner explains, antitrust laws were created to protect the labor market by attacking monopolies, like Facebook and Google today, that are able to either charge high prices or degrade the quality of their services because customers cannot switch to competitors. Antitrust laws are also used to attack business cartels that can fix prices. In recent years, it has become clear that firms with market power not only charge higher prices; they also suppress wages and output. Many employers use anticompetitive devices-like covenants not to compete for workers and no-poaching agreements-to advance their market power at the expense of workers. Posner shares stories that illustrate how the problem is playing out on the ground, and then contextualizes what is going on via a concise history of the American economy and labor relations since the 1980s. Essential reading for anyone interested in fighting economic inequality, How Antitrust Failed Workers also offers a sharp primer on the true nature of the American economy-one that is increasingly uncompetitive and tilted against workers.

Policing Sex in the Sunflower State: The Story of the Kansas State Industrial Farm for Women is the history of how, over a span of two decades, the state of Kansas detained over 5,000 women for no other crime than having a venereal disease. In 1917, the Kansas legislature passed Chapter 205, a law that gave the state Board of Health broad powers to quarantine people for disease. State authorities quickly began enforcing Chapter 205 to control the spread of venereal disease among soldiers preparing to fight in World War I. Though Chapter 205 was officially gender-neutral, it was primarily enforced against women; this gendered enforcement became even more dramatic as Chapter 205 transitioned from a wartime emergency measure to a peacetime public health strategy. Women were quarantined alongside regular female prisoners at the Kansas State Industrial Farm for Women (the Farm). Women detained under Chapter 205 constituted 71 percent of the total inmate population between 1918 and 1942. Their confinement at the Farm was indefinite, with doctors and superintendents deciding when they were physically and morally cured enough to reenter society; in practice, women detained under Chapter 205 spent an average of four months at the Farm. While at the Farm, inmates received treatment for their diseases and were subjected to a plan of moral reform that focused on the value of hard work and the inculcation of middle-class norms for proper feminine behavior. Nicole Perry's research reveals fresh insights into histories of women, sexuality, and programs of public health and social control. Underlying each of these are the prevailing ideas and practices of respectability, in some cases culturally encoded, in others legislated, enforced, and institutionalized. Perry recovers the voices of the different groups of women involved with the Farm: the activist women who lobbied to create the Farm, the professional women who worked there, and the incarcerated women whose bodies came under the control of the state. Policing Sex in the Sunflower State offers an incisive and timely critique of a failed public health policy that was based on perceptions of gender, race, class, and respectability rather than a reasoned response to the social problem at hand.

Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.

Sex Discrimination in the Workplace is an interdisciplinary volume that examines the various approaches to the study of sex discrimination and explores solutions and interventions. With riveting first-hand accounts from plaintiffs, lawyers and expert witnesses who have mounted battles against discriminatory employers, it is an invaluable resource for anyone seeking to gain a better understanding of precisely what sex discrimination is and what can be done to combat it.
Examines sex discrimination through the eyes of law, economics, sociology, and psychology, providing expert descriptions of the fundamental research related to sex discrimination and their field
Contains first hand accounts of sex discrimination cases, many of which relate to landmark contemporary incidents
Concludes with solutions to the problems of discrimination from individual, organizational, and societal perspectives
Written in clear, engaging prose with contributions from eminent scholars

Dieses Essential klart uber Hintergrunde und Gestaltungsmoeglichkeiten einer psychischen Gefahrdungsbeurteilung auf und gibt praktische Impulse zur erfolgreichen Umsetzung, insbesondere in mittelstandischen Unternehmen. In der vorliegenden 2. Auflage wurden die Inhalte grundlegend uberarbeitet, aktualisiert und um die Erfahrungen aus acht Jahren GBpsych in zahlreichen Unternehmen erganzt. Verantwortliche erhalten Sicherheit hinsichtlich der rechtlichen Verpflichtungen sowie relevante, praxiserprobte Handlungsempfehlungen fur die erfolgreiche Gestaltung eines gesunden Unternehmens.

In Putin's Labor Dilemma, Stephen Crowley investigates how the fear of labor protest has inhibited substantial economic transformation in Russia. Putin boasts he has the backing of workers in the country's industrial heartland, but as economic growth slows in Russia, reviving the economy will require restructuring the country's industrial landscape. At the same time, doing so threatens to generate protest and instability from a key regime constituency. However, continuing to prop up Russia's Soviet-era workplaces, writes Crowley, could lead to declining wages and economic stagnation, threatening protest and instability. Crowley explores the dynamics of a Russian labor market that generally avoids mass unemployment, the potentially explosive role of Russia's monotowns, conflicts generated by massive downsizing in "Russia's Detroit" (Tol'yatti), and the rapid politicization of the truck drivers movement. Labor protests currently show little sign of threatening Putin's hold on power, but the manner in which they are being conducted point to substantial chronic problems that will be difficult to resolve. Putin's Labor Dilemma demonstrates that the Russian economy must either find new sources of economic growth or face stagnation. Either scenario-market reforms or economic stagnation-raises the possibility, even probability, of destabilizing social unrest.

WHAT IF YOUR BOSS WAS AN ALGORITHM? The gig economy promises to revolutionise work as we know it, offering flexibility and independence instead of 9-to-5 drudgery. The potential benefits are enormous: consumers enjoy the convenience and affordability of on-demand work while micro-entrepreneurs turn to online platforms in search of their next gig, task, or ride. IS THIS THE FUTURE OF WORK? The gig economy promises to revolutionise work as we know it, offering flexibility and independence instead of 9-to-5 drudgery. The potential benefits are enormous: consumers enjoy the convenience and affordability of on-demand work while micro-entrepreneurs turn to online platforms in search of their next gig, task, or ride. HOW CAN WE PROTECT CONSUMERS & WORKERS WITHOUT STIFLING INNOVATION? As courts and governments around the world begin to grapple with the gig economy, Humans as a Service explores the challenges of on-demand work, and explains how we can ensure decent working conditions, protect consumers, and foster innovation. Employment law plays a central role in levelling the playing field: gigs, tasks, and rides are work - and should be regulated as such.

Since the financial crisis of 2007 to 2009 the role of the company in society, especially the role of publicly traded companies, has acquired a political salience that was largely absent in the decades before the crisis. This concern has been reflected in both enhanced reporting requirements and in the latest version of the Corporate Governance and Stewardship Codes applicable to the largest companies. This books analyses these developments in full, as well as the more fundamental proposals for reform of corporate law that have been advanced outside official circles. The book also examines the functions of the five core features of company law-separate legal personality, limited liability, centralized management, shareholder control, and transferability of shares. It finally analyses the legal strategies available for moderating the frictions that these core features nevertheless generate for those providing the necessary inputs for a company's business. Written by one of the field's foremost experts, Paul Davies' Introduction to Company Law provides a comprehensive conceptual introduction to the subject, giving readers a clear framework with which to navigate the intricacies of company law.

The European Private International Law of Employment provides a descriptive and normative account of the European rules of jurisdiction and choice of law which frame international employment litigation in the courts of EU Member States. The author outlines the relevant rules of the Brussels I Regulation Recast, the Rome Regulations, the Posted Workers Directive and the draft of the Posting of Workers Enforcement Directive, and assesses those rules in light of the objective of protection of employees. By using the UK as a case study, he also highlights the impact of the 'Europeanisation' of private international law on traditional perceptions and rules in this field of law in individual Member States. For example, the author demonstrates that the private international law of the EU is fundamentally reshaping English conflict of laws by almost completely merging the traditionally perceived contractual, statutory and tortious claims into one claim for choice-of-law purposes.

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. As international migration continues to rise, sending states play an integral part in "managing" their diasporas, in some cases even stepping in to protect their citizens' labor and human rights in receiving states. At the same time, meso-level institutions-including labor unions, worker centers, legal aid groups, and other immigrant advocates-are among the most visible actors holding governments of immigrant destinations accountable at the local level. The potential for a functional immigrant worker rights regime, therefore, advocates to imagine a portable, universal system of justice and human rights, while simultaneously leaning on the bureaucratic minutiae of local enforcement. Taking Mexico and the United States as entry points, Scaling Migrant Worker Rights analyzes how an array of organizations put tactical pressure on government bureaucracies to holistically defend migrant rights. The result is a nuanced, multilayered picture of the impediments to and potential realization of migrant worker rights.

The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples of the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

This collection of essays presents an interdisciplinary investigation by lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of labour law and employment law. The book addresses the doubts that have been expressed about whether a body of labour law that protects workers is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy. Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. freedom, dignity, and human rights; II. distributive justice and exploitation; III. workplace democracy and self-determination; and IV. social inclusion.

First cumulative supplement to the 3rd Edition now available: http://bit.ly/2t1OxGO This book provides a detailed survey of the law relating to public interest disclosure. It examines how the system has developed since the coming into force of the Public Interest Disclosure Act 1998 (PIDA), and provides up-to-date practical guidance on the key issues that arise in practice. Analysing the legal framework in the area, both under PIDA and the disparate sources of law that can apply, it provides in-depth commentary on case law and legislative developments. It examines the structure of PIDA, litigation procedure and remedies under the Act, data protection, confidentiality, copyright, defamation issues, and the Human Rights Act 1998, as well as the contractual and fiduciary duties of employees, statutory obligations (both regulatory and criminal), and the Corporate Governance Codes. Since the publication of the second edition, there have been many developments in the area, including substantial procedural amendments for Employment Tribunals, major legislative changes brought in by the Enterprise and Regulatory Reform Act 2013 (ERRA) (the first major legislative change since the Public Interest Disclosure Act 1998), and the introduction of The Public Interest Disclosure (Prescribed Persons) Order 2014 SI 2014/2148 which now lists over 60 prescribed persons to whom a disclosure may be made. Written by an author team with extensive experience in the area, and making use of checklists and worked examples, this book is an essential reference work for employment practitioners dealing with cases involving public interest disclosure issues. It will also be of interest to private and public sector employers seeking guidance on whistleblowing procedures and policies.

Das Inverkehrbringen und der Betrieb von Maschinen erfordern, das Einhalten von (Sicherheits-)Anforderungen zu dokumentieren, in Gefahrdungsbeurteilungen das Risiko zu ermitteln, Schutzmassnahmen abzuleiten und umzusetzen. Trotz des einheitlichen Rechtsrahmens kommt es gerade bei Instandhaltungsarbeiten weiterhin zu schweren Arbeitsunfallen, z.B. durch unkontrolliert austretende Energien wegen deaktivierter Schutzmechanismen. Die Autoren fuhren in den Rechtsrahmen der Maschinen- und Betriebssicherheit ein und leiten daraus die wichtige Absicherung unkontrollierter Energiequellen wahrend der Instandhaltung ab. Mit Lockout-Tagout stellen sie ein anerkanntes Verfahren zur Verbesserung der Betriebssicherheit vor. In der 2. Auflage dieses Buches wurde die systematische Vorgehensweise zur Umsetzung eines Programms zur Gefahrdungsbeherrschung von Betreibern von Maschinen grundlegend erweitert und erganzt. Hierzu kombinieren die Autoren Verfahrensanweisungen, technische Massnahmen und Schulungen mit einer kontinuierlichen UEberwachung der Wirksamkeit der Massnahmen.