Although in the 1960s and mid-1970s scholars began to question the ability of Israeli Arabs to find equal employment opportunities, there has been no systematic study of employment discrimination against Arabs. Based on demographic data and fieldwork in 48 large Israeli corporations, this study fills that void. While the demographic data indicates the Arabs' disadvantaged position, Wolkinson also provides new insights obtained from interviews with personnel managers and union representatives on the nature and scope of Arab employment, recruitment and selection criteria used in employing workers, management's assessment of Arab performance and managerial, union and worker attitudes toward Arab employment. Having identified a complex web of discriminatory barriers to Arab employment, Wolkinson evaluates the current legal framework and recommends changes in government, employer and union policies to promote equal employment opportunities for Arabs.

Located in geographical areas with large Arab populations, the corporations studied afforded significant insight into the kinds of jobs Arabs obtain in Israeli society, enabling the author to identify a complex web of discriminatory barriers corporations have erected to restrict Arab employment.

The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law?
In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order?
Believers in common concepts argue that there is a relatively clear, shared and accepted framework of ideas, providing an understanding of the system that is ultimately unified in spite of all apparent divergence. Sceptics hold that there is no such framework; 'common concepts' turn out to be additional sources of misunderstanding, confusion and, subsequently, legal divergence. According to a third thesis, there is indeed no common conceptual core, but the necessary unity and coherence of EU law can be articulated and even reinforced through the use of divergent concepts.
The contributors to this collection of essays address these issues from different disciplinary perspectives - legal sociology, linguistics, comparative law, European legal scholarship, legal theory and practical experience. The research group focused on the application of two general themes: the protection of rights and judicial discretion. In addition to the thematic research, case studies from core policy sectors are featured, including energy regulationand social policy.

This book argues that the rules of the International Labour Organization (ILO) and those of the EC governing working time can be seen as examples of transnational labour regulation, and can be compared on that basis. Contrary to certain orthodoxies about the rule-making roles of each institution, there has been a significant degree of convergence between the institutions, having regard to the nature and purpose of their rules. This convergence has arisen because of complex factors within the internal histories of each institution, and the interaction between these internal developments and the external environment in which both operate. The binding nature of certain Community rules means that EC regulation has the capacity to diminish, and some argue has already diminished, the status and authority of the ILO.

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

Health and safety issues now impose upon almost every part of business life. The system of enforcement is managed and implemented in the UK by The Health and Safety Executive (HSE) - but at times it can be difficult to know exactly which bits of this elaborate spider s web should be applied in a given instance, and which are most important. This Quick Guide puts the subject into context, providing a rational overview and a valid starting point to applying health and safety in the workplace, and offers a concise and readily accessible interpretation of what health and safety legislation means in practice.
Puts health and safety in to contextProvides a rational overview and starting point to applying health and safety in the workplaceOffers a concise interpretation of health and safety legislation in practice"

This book explores the normative and legal evolution of the Social Dimension - labour law, social security law and family law - in both the EU and its Member States, during the last decade. It does this from a wide range of theoretical and legal-substantive perspectives. The past decade has witnessed the entering into force of the Lisbon Treaty and its emphasis on fundamental rights, a new coordination regulation within the field of social security (Regulation 883/2004/EC), and the case law of the Court of Justice of the European Union in the so-called Laval Quartet. Furthermore structural changes affecting demographics and family have also challenged solidarity in new ways. The book is organised by reference to distinct 'normative patterns' and their development in the fields of law covered, such as the protection of established groups, the position of market functional values and the scope for just distribution. The book represents an innovative and important interdisciplinary approach to analysing EU law and Social Europe, and contributes a complex, yet thought-provoking, picture for the future. The contributors represent an interesting mix of well-known and distinguished as well as upcoming and promising researchers throughout Europe and beyond.

It is widely assumed today that the "welfare state" is contracting or retrenching as an effect of the close scrutiny to which entitlement to social-security benefits is being subjected in most developed countries. In this book, 15 authorities from nine different countries - the UK, the Netherlands, France, Germany, Spain, Denmark, Finland, Norway and the US - investigate to what extent this assumption is warranted. The papers were originally presented at a Conference on "The Future of Social Security" held at the University of Stirling in June 2000. Taking into account developments and initiatives at every administrative level from sub-national employment agencies to the OECD and the World Bank, they draw on both data and theories in a broad spectrum of related disciplines, including political science, economics, sociology and law. Detailed materials allow the reader to formulate well-defined responses to such questions as: is there indeed waning public support for social security?; is the "demographic time bomb" of an ageing population as serious a problem as we are often led to believe?; how seriously do supranational reform proposals tend to underestimate cross-national differences? to what degree is "activation policy" merely rhetorical?; to what extent do employment-office staff reformulate and redefine policies "on the ground" to accommodate specific case-by-case realities? Specific criteria for entitlement (such as disability) and such central issues as "gendered" assumptions, access to benefit programmes and the involvement of trade unions are examined in a variety of contexts. As an authoritative assessment of the current state of social-security reform - its critical issues, its direction, and its potential impacts - this book should prove to be of value to all professionals and officials concerned with social programmes at any government level.

This book addresses some of the most debated topics preceding the UK referendum on membership of the EU, namely welfare services and free movement of citizens. The work improves understanding of the implications of the European Economic Area (EEA) Agreement, which is the most integrated form of association agreement with the EU for non-member states. The author considers the impact of EEA law on both European Free Trade Association (EFTA) states and on EU Member States, and looks at case law. A broad range of welfare services are analysed, including public healthcare and educational services, various social services, and public utilities such as transport and public broadcasting. Free movement of students, of patients and public financing of welfare services are among the issues explored. The focus here is particularly on legal aspects and the demonstrated development of the EEA Agreement into the welfare sphere. This work enables a sophisticated analysis about the nature of the principles of homogeneity and dynamism. The book is essential reading for scholars who seek to understand the EU's legal framework, the EEA Agreement and its implications. The topics covered are also relevant to UK/EU discussions on future relations, both for intermediate and long-term arrangements.

This volume gathers together chapters that address the theme of implementing fundamental labour rights in China. It explores the legal framework as well as key institutions and other actors along with the socio-economic context involved in interpretation, implementation, enforcement and overall promotion of fundamental labour rights in China. As a collection of chapters, it assembles comparative and mutually complementary perspectives and insights by distinguished scholars from China, Europe and the United States. With its broad perspective on implementation, the book discusses the most topical challenges to realizing fundamental labour rights in China. China was among the founding members of the ILO. With the regulatory approach of the ILO, fundamental labour rights have gained a new foothold as a key pillar in managing the social dimension of globalization. The development of fundamental labour rights protection in China can be viewed as part of a larger development within China's domestic economic and social transition as well as its integration into the global economic system. While China has ratified four of the eight ILO core conventions, the challenge of effective implementation and enforcement in the domestic context remains. With its in-depth research on fundamental labour rights in the particular cultural context of the Chinese experience, this book studies Chinese labour law from multiple perspectives, at the same time examining the wider role of international labour standards in developing Chinese law and society. This volume is a remarkable enlargement of existing scholarship on international labour standards, on the one hand, and fundamental labour rights in China on the other. These chapters thoroughly analyse the legal and institutional framework for implementing labour law in China. Among the topics covered are fundamental labour rights including freedom from forced labour, prohibition of use of child labour and non-discrimination. In addition, this volume benefits from socio-historical observations on the cultural logics that inform implementation of fundamental labour rights in China in which the history and current development of Chinese labour law are equally reflected with substantive depth.

Litigator, teacher, and scholar Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. For the first time in one easily accessed volume, readers will find the basic principles upon which all whistleblower law is premised. Mr. Kohn lays out the basic legal principles applicable to almost every whistleblower case, such as the scope of protected activity and who qualifies for protection. He shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, the burdens of proof on both the employee and employer, how to calculate damages and attorney fees, common settlement and fundamental procedural issues, and much more, all in meticulously documented detail and a readable, engaging style.

Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations--and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.

From the larger field of women and employment law, Maschke has carved out a study that focuses exclusively on the impact Title VII of the 1964 Civil Rights Act has had on women workers. . . . Maschke focus es] on the history of women workers from the days of protective laws, through the difficult birth of the Equal Employment Opportunity Commission, to present-day struggles involving pregnant workers, sexual harassment, and comparable worth. Although legalistically oriented, the book is also attuned to the political in noting diverse strategies among women's organizations and the varying congressional and presidential commitments to the promotion of the equality of women's workers. . . . Concise and readable with a select bibliography and index. "Choice"

A major contribution to the literature on the legal rights of women workers, this volume combines empirical investigation and case law analysis to provide a thorough study of sex discrimination litigation under Title VII of the Civil Rights Act of 1964. As the author notes at the outset, Title VII, although not a panacea for sex discrimination, is the most important federal statute guaranteeing equality in the workplace for women workers. Her study examines how women have fared in Title VII litigation and how the Equal Employment Opportunity Commission (EEOC), as the government's enforcement agency, played a role in Title VII litigation and in the development of legal policy in this area.

Divided into three major sections, the volume begins by exploring the protective labor laws that restricted women's job opportunities at the turn of the century. Maschke goes on to trace the origins of Title VII and to examine the political controversy surrounding the use of litigation to enforce Title VII. The second section analyzes the development of law resulting from cases involving pregnancy discrimination, sexual harassment, wage discrimination, and protective policies. In addition to case law analysis, these chapters examine the EEOC's response to the issues and demonstrate that the agency has often been inconsistent in developing sex discrimination policies. In the final section, Maschke addresses group and EEOC litigation activities in sex discrimination cases, focusing on aspects of decision making in the federal courts. The concluding chapter considers how courts and the litigation process played a role in expanding the rights of women workers.

The idea for this book came about following the International Bar Association's annual conference that was held in Prague in September of 2005. One of the sessions at this conference co-chaired by Pascale Lagesse and Mariann Norrbom was entitled "Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information." International panelists consisted of members of the legal profession, corporate representatives and a court justice. The discussions focused on key issues and the concerns companies have when seeking to protect their confidential information, and insight was given into what employers can do in order to ensure that their employees do not take valuable company information with them upon leaving the company. Using a case study as a basis, particular emphasis was placed on non-solicitation and non-compete covenants, and the extent to which an employer can rely on such covenants when protecting his interests. The specific situation of a key employee who left her employer to join a competitor was addressed, and the types of action the employer could take in order to avoid the solicitation of his clients and staff and prevent his employees from competing against him were discussed. This book picks up where the session left off, and consists of no less than 13 contributions from individuals from 5 continents. Each country representative has been asked to respond to a series of pertinent questions on the subjects of restrictive covenants and protection of confidential information, in order to give a comparative overview of how these issues are treated in different jurisdictions. This comprehensive publication will be a valuable resource tool for legal practitioners, employers, HR professionals and anyone interested in the field of employment law.

Estlund and Wachter have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.' - Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, USThis Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volume's 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists. Contributors: R. Arnow-Richman, S. Deakin, Z.J. Eigen, R.A. Epstein, C.L. Estlund, S. Estreicher, B.T. Hirsch, A. Hyde, S. Issacharoff, C. Jolls, B.E. Kaufman, M.M. Kleiner, B.I. Sachs, E. Scharff, S.J. Schwab, M.L. Wachter, D. Weil

In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law's worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.

Veres, Sims and their contributors focus on the nuts-and-bolts issues in human resource management (HRM) created by passage of the Americans with Disabilities Act (ADA), then identify future issues and their projected impact. With practical discussion of traditional HRM activities and innovative activities the act has created, they help alleviate fears and, in doing so, fill a wide gap in the literature on ADA compliance. A welcome resource for human resource professionals and their academic colleagues as well.

The history of federal regulation in the United States is such that fears in the human resource management community with regard to the Americans with Disabilities Act are hardly irrational. Especially disconcerting is the act's scope; and, to make matters worse, its provisions are often vague and even obscure. Writing from the viewpoint of human resource professionals, Veres, Sims, and their contributors look closely at some of the major issues raised by the act's passage, then forecast what other issues will be in the future. In doing so they provide practical advice on how to comply with the act in day-to-day situations and on crucial management topics.

Veres, Sims, and their contributors examine the act's provisions and the ways in which it demands that managers scrutinize and reassess their essential functions. Compliance issues and how to avoid running afoul of the act's provisions are examined next, followed by a discussion of how the act applies to recruiting, testing, and employee selection. The performance appraisal process and how non-imparied employees will respond to accommodations required for their non-impaired colleagues is carefully laid out, and the interaction of the Equal Pay Act and the ADA is examined. Training needs in an ADA context and other problems are also treated, with special focus on ways in which employee discontent can be minimized as such problems are met and solved. A valuable guide and resource for human resource professionals and their academic colleagues.

In an age of widespread cutbacks on social spending, the prospects of social policy generally appear to be grim. If noticeable progress has been recently made in the European Union, then it is in regard to rooting out discrimination. Indeed, anti-discrimination law and policy appears to be the one sphere of social policy whose success is causally connected to the European Union.
But how successful can anti-discrimination law be? This book uses legal analysis in order to expose the intrinsic shortcomings of common approaches. Anti-discrimination law fails to provide adequate legal guidance and therefore invites constant supplementation by pedagogical projects of social engineering.
This book offers a genuinely leftist critique on anti-discrimination law, and concludes with a discussion of alternative models of solidarity in the Union.

The non-discrimination principle enshrined in the Treaty of Rome has grown, through the case law of the European Court of Justice, into a normative core of the utmost importance for the totality of Community law. In particular, the equal treatment doctrine which developed from the application of non-discrimination in employment continues to challenge the legal structures of labour law and European social integration. This collection of essays on the current and future state of equal treatment and non-discrimination in EC law presents the proceedings of a conference held at Lund University in December 2000, sponsored by the Norma Research Programme, which studies normative patterns and their development in the legal regulation of employment, housing, family and social security from a European integration perspective. Important areas of discussion include the following, among many other topics: indirect discrimination, defining the protected group, pregnancy discrimination, positive action, flexibilization of working life, rights of contract workers, and reasonable adjustments for workers with disabilities. In an interesting outcome, the discussion reveals that an analysis in terms of discrimination adds to our understanding of law even in areas that are not generally articulated in such terms. In the wake of the European Charter of Fundamental Rights, and in the light of the distinct possibility that Europe may be moving toward a "Single Non-Discrimination/Equal Treatment Act", this is a fruitful point of view - one of many insights that should make this book a useful source of material with which practitioners, academics, and other interested professionals can further the development of the equal treatment principle in European law.

This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial 'discovery' of the key attributes of the relationship. Douglas Brodie assesses how employment contract law is likely to develop, paying particular attention to wider developments of the law of obligations such as the recognition of the importance of fair dealing and the significance of relational contracts. Investigating the importance of how courts now regard the employment contract as governing personal relations, the author concludes that key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change. The Future of the Employment Contract will be an essential read for students and scholars of employment law and the law of obligations. It will also be of benefit to legal practitioners as they look to frame innovative legal arguments.

Unlike other labor law and management books, Blackard's comprehensive new work not only examines legal, strategic human resources management, change management, and related labor/management relations issues, but also offers easily grasped and applied methods for addressing all of these issues. Labor relations should be a fully integrated part of a systemic approach to human resource management, argues Blackard. He challenges the feasibility of ad hoc programs and labor/management partnerships, but encourages collaboration within the context of both parties' interests and roles. His book provides a philosophy and set of practices to manage change and improve the labor/management relationship in the unionized workplace.

Companies with poor union relationships rarely have union problems; they have management problems. The crux is that managing change is a special challenge. To help executives address the challenge, Blackard first reviews the state of labor relations and discusses key differences between managing change in union and non-union settings. He presents a philosophy based on collaboration of countervailing interests and an integrated model for change management that is uniquely applicable in unionized workplaces. He then discusses the application of management practices based on such concepts as organizational learning, systems theory, trust, power, mutual gains negotiations, and supplemental teams that support the countervailing collaboration concept. By seeing labor relations as part of a broader human resource management system, one can identify and better understand many of the questions that inevitably rise when faced with the need for rapid and often drastic change.

Millions of people around the Asia-Pacific region are suffering from the twin effects of globalization and exclusionary nationality laws. Some are migrant workers without rights in host countries; some are indigenous peoples who are not accorded their full rights in their own countries. Yet others are refugees escaping from regimes that have no respect for human rights. This collection of essays discusses the ways in which citizenship laws in the region might be made consistent with human dignity. It considers the connectedness of national belonging and citizenship in East and Southeast Asian and Pacific states including Australia; the impact of mass migration, cultural homogenization and other effects of globalization on notions of citizenship; and possibilities of commitment to a transnational democratic citizenship that respects cultural difference.

This book is a comprehensive treatment of worker participation in the United States and its relation to the legal system. The purpose of the study is to analyze the meaning and practice of industrial democracy and to propose statutory reforms that would benefit both management and labor. It is unique in its interdisciplinary approach, which combines research from the fields of history, law, industrial relations, sociology, and organizational behavior.

Labor-management cooperation and worker participation are subjects of vigorous debate. This work examines the arguments concerning the benefits and deficiencies of involvement programs, their impact on union relationships, and their function as techniques to enhance productivity and competitiveness in the workplace. The study traces the history of participation from its inception in the 1870s through the 1980s, surveying the case law from 1934 to 1991, and provides a political and economic context for the analysis of participation. The book will be of interest to scholars and professionals in industrial relations, industrial sociology, labor law, and labor studies.

The rhetoric of 'flexibility' and its potential to empower workers forms a key part of employment policy at the EU level. This book examines the regulation of 'flexible' or 'non-standard' forms of work, which include part-time, temporary, and temporary agency work. It unites analysis of changing patterns of work with exploration of the policy debate about how such work should be regulated. McCann explores how workers in non-standard jobs have traditionally been excluded from the protection of labour law or treated less favourably than the full-time permanent workforce because labour laws have been designed around the 'standard' full-time permanent employee. Analysing in detail recent United Kingdom legislative reforms and the wider context of the EU and International Labour Organization, this book shows how, although flexible working arrangements are now more strongly protected, they are not fully integrated into UK labour law. McCann ascribes the continuing disadvantage of flexible workers to the quest to maintain a 'flexible' labour market. She contends that the current balance between ensuring flexibility for employers, and ensuring minimum standards for workers is undermining protection for non-standard workers by allowing their employment rights to be derogated in the interest of labour market flexibility.

In dealing with the complex issues surrounding labor law, this volume analyzes the rapid, profound, and all - encompassing nature of change in the work place. The essays examine the politics of the modern working world and its relationship with the law. By taking an interdisciplinary approach, including articles from feminist and social justice theorists, this volume is a significant contribution to the worlds of law and industrial relations.

Millions of laborers, from the Philippines to the Caribbean, performed the work of the United States empire. Forging a global economy connecting the tropics to the industrial center, workers harvested sugar, cleaned hotel rooms, provided sexual favors, and filled military ranks. Placing working men and women at the center of the long history of the U.S. empire, these essays offer new stories of empire that intersect with the "grand narratives" of diplomatic affairs at the national and international levels. Missile defense, Cold War showdowns, development politics, military combat, tourism, and banana economics share something in common-they all have labor histories. This collection challenges historians to consider the labor that formed, worked, confronted, and rendered the U.S. empire visible. The U.S. empire is a project of global labor mobilization, coercive management, military presence, and forced cultural encounter. Together, the essays in this volume recognize the United States as a global imperial player whose systems of labor mobilization and migration stretched from Central America to West Africa to the United States itself. Workers are also the key actors in this volume. Their stories are multi-vocal, as workers sometimes defied the U.S. empire's rhetoric of civilization, peace, and stability and at other times navigated its networks or benefited from its profits. Their experiences reveal the gulf between the American 'denial of empire' and the lived practice of management, resource exploitation, and military exigency. When historians place labor and working people at the center, empire appears as a central dynamic of U.S. history.