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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law

Workforce Investment Act (Hardcover): Edward G. Cebrien Workforce Investment Act (Hardcover)
Edward G. Cebrien
R2,712 Discovery Miles 27 120 Ships in 12 - 17 working days

This book explores the Workforce Investment Act, which provides a combination of education and training services to prepare individuals for work and to help them improve their prospects in the labour market. In the broadest sense, workforce development includes secondary and post-secondary education, on-the-job and employer-provided training, and the publicly funded system of job training and employment services. Most workforce development occurs in the workplace during the course of doing business. The federal government provides workforce development activities through WIA's programs and other programs designed to increase the employment and earnings of workers. Workforce development may include activities such as job search assistance, career counselling, occupational skill training, classroom training or on-the-job training.

Gurry on Breach of Confidence - The Protection of Confidential Information (Hardcover, 2nd Revised edition): Tanya Aplin,... Gurry on Breach of Confidence - The Protection of Confidential Information (Hardcover, 2nd Revised edition)
Tanya Aplin, Lionel Bently, Phillip Johnson, Simon Malynicz
R14,631 Discovery Miles 146 310 Ships in 12 - 17 working days

Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the first point of resort for practitioners and a key source for judges.
Aplin, Bently, Johnson, and Malynicz bring us a new edition of this important work, which remains faithful to the original in its approach, but is fully updated in light of the developments since the first edition. The authors expand upon the original work, in particular adding new material on the history and current relevance of the action for breach of confidence. The authors stress both the advantages and disadvantages of the action for breach of confidence and, like Gurry, they constantly distinguish the action from associated legislative regimes which regulate the access to, acquisition, use and disclosure of information. The book extensively references the many analyses of the data protection regime and considers also issues of jurisdiction and choice of applicable law.
Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text which retains the academic quality and precision of the original and stakes its claim once more as the leading authority in the field.

State & Local Government Pension Plans - Regulation & Risk (Hardcover): Christian D. Macalpine, Manuel R. Caasi State & Local Government Pension Plans - Regulation & Risk (Hardcover)
Christian D. Macalpine, Manuel R. Caasi
R2,586 Discovery Miles 25 860 Ships in 12 - 17 working days

Controversy has arisen over the funded status of many state and local government pension plans. It has been reported that several of these plans have not fully funded their future obligations and they could face substantial future shortfalls. While there is considerable debate over the extent and the possible causes of these shortfalls, some estimates have placed the combined unfunded liabilities anywhere from hundreds of billions of dollars to over $3 trillion. Governments facing investment losses combined with lower revenues are looking at ways to address these shortfalls and protect their fiscal stability. This book provides an overview of how public pension plans are regulated at the federal and state level and discusses selected legal issues that may arise in attempting to remedy or prevent public pension plan underfunding.

Employment Tribunal Remedies (Paperback, 4th Revised edition): Anthony Korn, Mohinderpal Sethi Employment Tribunal Remedies (Paperback, 4th Revised edition)
Anthony Korn, Mohinderpal Sethi
R3,018 Discovery Miles 30 180 Ships in 12 - 17 working days

Employment Tribunal Remedies is a new edition of the established work, which was previously published as Employment Tribunal Compensation. It provides a comprehensive, practical, and accessible UK guide to the remedies, including financial awards, available for every type of claim brought to the tribunal, including wrongful dismissal, unfair dismissal, redundancy, discrimination, equal pay, and claims for unpaid wages. It includes specific guidance on award calculation and key practical issues including case preparation and evidence, tribunal procedure, settlement, and tax liabilities in the United Kingdom. It also provides an examination of the principles underlying employment tribunal awards and their continuing development.
The new edition of this work has been substantially revised to include increased coverage of discrimination and equal pay, including changes as a result of the Employment Equality (Age) Regulations 2006 and the Equality Act 2010, and changes to compensatory awards as a result of the abolition of the statutory dispute resolution procedures and the new ACAS Code of Practice on Disciplinary and Grievance. It also takes into account the impact of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and the Companies Act 2006, as well as coverage of all recent relevant case law.
The new edition increases the use of practical features, including worked examples and calculations, to enable practitioners to quickly identify key issues and points to prove.

Tethered Fates - Companies, Communities, and Rights at Stake (Hardcover): Shareen Hertel Tethered Fates - Companies, Communities, and Rights at Stake (Hardcover)
Shareen Hertel
R2,706 Discovery Miles 27 060 Ships in 12 - 17 working days

Since the 1990s, human rights advocates, business leaders, and consumers have become increasingly attuned to mitigating sweatshop labor and other abuses in the supply chains that manufacture the clothing, electronics, and countless other products that we buy and use each day. But we know surprisingly little about how companies interact with people in the communities beyond the factory's walls. In many cases, community members are left out of the process of identifying both risks and solutions to problems in global supply chains, including how global companies could add social value in the localities where they operate. Business, governments, and civil society are supposed to be jointly responsible for shaping the remedies available to people harmed in the course of business activity, wherever it takes place. However, the answer to the question of how to do this remains underdeveloped and poorly executed. This book explores the conditions under which local communities and companies can work with one another and the types of remedies available in one of the most widespread and challenging sectors: light manufacturing. Tethered Fates draws on quantitative data (including the 7,000-company database of the Business and Human Rights Resource Centre) and original qualitative data to analyze regional and industry-specific trends in stakeholder dialogue globally and at the local level. The book features original interviews with community members in two factory towns in the Dominican Republic, whose perspectives shed light on the prospects for dialogue with companies and the challenges of everyday life in towns where light manufacturing takes place. Tethered Fates does more than simply explain why stakeholder dialogue often falls short as a vehicle for safeguarding economic rights and promoting community development. It also offers an assessment of the varieties of emerging policy alternatives for moving beyond the current state of practice.

Child Labor in America (Paperback, New): Ian C Rivera, Natasha M Howard Child Labor in America (Paperback, New)
Ian C Rivera, Natasha M Howard
R1,335 R1,216 Discovery Miles 12 160 Save R119 (9%) Ships in 12 - 17 working days

The history of child labour in America is long and, in some cases, unsavoury. It dates back to the founding of the United States. Traditionally, most children, except for the privileged few, had always worked -- either for their parents or for an outside employer. Through the years, however, child labour practices have changed. So have the benefits and risks associated with employment of children. In some respects, altered workplace technology has served to make work easier and less hazardous. At the same time, some processes and equipment have rendered the workplace more dangerous, especially for children and youth. This book examines the current state of enforcement of America's federal child labour laws by the Department of Labour. This historical issue of child labour in America is also briefly reviewed. In addition, recommendations are made about reforms to strengthen protections for working children from hazardous working conditions. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.

Law and Precarity - Legal Consciousness and Daily Survival in Vietnam (Hardcover): Tu Phuong Nguyen Law and Precarity - Legal Consciousness and Daily Survival in Vietnam (Hardcover)
Tu Phuong Nguyen
R2,698 Discovery Miles 26 980 Ships in 12 - 17 working days

Why do some people invoke the law (or resist it) as a way to solve their problems and achieve more stability in life, only to end up in another challenging and uncertain situation? This book offers an original understanding of the important, but understudied, paradoxical effects of law on the survival strategies of Vietnamese people who are caught to live and work in precarious circumstances. It demonstrates how precarity influences the way people perceive, engage with, or resist the law; yet law, at the same time, creates and reinforces such a condition. Understanding the mutually reinforcing relationship between law and precarity sheds a new light on the way law enables individuals to better their condition but ultimately makes matters worse rather than better. This book will be of interest to researchers and students of law and society, political economy, anthropology, and Asian studies.

Chinese Labour Law - Theory and Practice (Paperback, 1st ed. 2022): Yan Wang Chinese Labour Law - Theory and Practice (Paperback, 1st ed. 2022)
Yan Wang
R2,869 Discovery Miles 28 690 Ships in 10 - 15 working days

This book provides an overall understanding of Chinese labour law and covers many important issues related to the application of Chinese labour law. Particularly, the book explains the difficult points in Chinese labour law from the perspective of juridical practice. Many typical cases are selected to illustrate the important issues in Chinese labour law. These cases are from the courts in the developed areas in China, where foreign-funded enterprises gather. Also, the book addresses the implications of the Civil Code on the labour law. The latest developments are reflected in the book, which include guidelines related to labour dispute case hearing formulated by the Higher Courts in many provinces, and the guiding cases released by the Supreme Court. Such developments are the reflections of fragmented judicial application of Chinese labour law.

Employment Law (Paperback, 3rd Revised edition): Robert Upex, Richard Benny, Stephen Hardy Employment Law (Paperback, 3rd Revised edition)
Robert Upex, Richard Benny, Stephen Hardy
R1,554 Discovery Miles 15 540 Ships in 12 - 17 working days

In its third edition (previously entitled Labour Law), Employment LawCore Text has emerged as an extremely valuable student text, providing balanced coverage of the key legislative provisions impacting employment relationships. Tailored to meet the needs of employment law modules, the authors' straightforward approach ensures that the text guides students concisely through the ever changing legislative maze of employment law. Areas of recent development are clearly highlighted, particularly relating to discrimination and equal pay, which are now chapters in their own right.
The chapter summaries, self-test questions, and further reading sections enable students to critically self-test themselves as well as aiding exam preparation.

Criminality at Work (Hardcover): Alan Bogg, Jennifer Collins, Mark Freedland, Jonathan Herring Criminality at Work (Hardcover)
Alan Bogg, Jennifer Collins, Mark Freedland, Jonathan Herring
R4,606 Discovery Miles 46 060 Ships in 12 - 17 working days

From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives. Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.

Conduct and Pay in the Financial Services Industry - The regulation of individuals (Hardcover): Thomas Ogg, Richard Leiper QC Conduct and Pay in the Financial Services Industry - The regulation of individuals (Hardcover)
Thomas Ogg, Richard Leiper QC
R8,738 Discovery Miles 87 380 Ships in 12 - 17 working days

Since the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA's and PRA's requirements. The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include: The Senior Manager, Certification and Approved Person Regimes Regulatory references and whistleblowing Disciplinary investigations, enforcement and sanctions Notifications, 'Form C', and fitness & propriety Bonus disputes and the Remuneration Code Conduct and Pay in the Financial Services Industry considers the full extent of an individual's employment, from pre-contractual discussions to the post-termination clawback of remuneration. It is a vital reference for lawyers and human resources professionals working within the financial services industry, both in-house and in private practice. It will also be of interest to all academics, regulators and policy-makers involved in this sector.

Normativity and Diversity in Family Law - Lessons from Comparative Law (Paperback, 1st ed. 2022): Nadjma Yassari, Marie-Claire... Normativity and Diversity in Family Law - Lessons from Comparative Law (Paperback, 1st ed. 2022)
Nadjma Yassari, Marie-Claire Foblets
R4,611 Discovery Miles 46 110 Ships in 10 - 15 working days

With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other "claims" that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.

A Quick Guide to Health and Safety (Paperback): R. Gilbert A Quick Guide to Health and Safety (Paperback)
R. Gilbert
R1,352 Discovery Miles 13 520 Ships in 12 - 17 working days

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"

Probleme des Mitbestimmungsrechts (German, Hardcover, Reprint 2017 ed.): Rolf Dietz Probleme des Mitbestimmungsrechts (German, Hardcover, Reprint 2017 ed.)
Rolf Dietz
R671 Discovery Miles 6 710 Ships in 12 - 17 working days
Home Care Fault Lines - Understanding Tensions and Creating Alliances (Paperback): Cynthia J Cranford Home Care Fault Lines - Understanding Tensions and Creating Alliances (Paperback)
Cynthia J Cranford
R718 R670 Discovery Miles 6 700 Save R48 (7%) Ships in 12 - 17 working days

In this revealing look at home care, Cynthia J. Cranford illustrates how elderly and disabled people and the immigrant women workers who assist them in daily activities develop meaningful relationships even when their different ages, abilities, races, nationalities, and socioeconomic backgrounds generate tension. As Cranford shows, workers can experience devaluation within racialized and gendered class hierarchies, which shapes their pursuit of security. Cranford analyzes the tensions, alliances, and compromises between security for workers and flexibility for elderly and disabled people, and she argues that workers and recipients negotiate flexibility and security within intersecting inequalities in varying ways depending on multiple interacting dynamics. What comes through from Cranford's analysis is the need for deeply democratic alliances across multiple axes of inequality. To support both flexible care and secure work, she argues for an intimate community unionism that advocates for universal state funding, designs culturally sensitive labor market intermediaries run by workers and recipients to help people find jobs or workers, and addresses everyday tensions in home workplaces.

ASEAN International Law (Paperback, 1st ed. 2022): Eric Yong-Joong Lee ASEAN International Law (Paperback, 1st ed. 2022)
Eric Yong-Joong Lee
R5,683 Discovery Miles 56 830 Ships in 10 - 15 working days

This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region's global impact, this book is of interest to Asia watchers, academics and policymakers alike.

The Corporate Diversity Jigsaw (Paperback): Akshaya Kamalnath The Corporate Diversity Jigsaw (Paperback)
Akshaya Kamalnath
R728 Discovery Miles 7 280 Ships in 12 - 17 working days

Although diversity in companies is a topic of great interest, significant aspects of the issue are often left out of the debate. The Corporate Diversity Jigsaw connects all the dots so that steps taken to address issues of diversity in business organisations can be more effective. Akshaya Kamalnath offers a nuanced justification of exactly what types of diversity are most useful for corporations, where they should be implemented, and how best to address diversity in ways that account for recent social movements such as #MeToo and Black Lives Matter. After a critical assessment of quotas and disclosure requirements across jurisdictions, she provides a different way to solve the problem, by encouraging companies to make improvements to their culture and internal processes. This timely book offers a balanced analysis, practical solutions, and fresh perspectives on how corporate culture and social movements impact diversity efforts.

The Corporate Diversity Jigsaw (Hardcover): Akshaya Kamalnath The Corporate Diversity Jigsaw (Hardcover)
Akshaya Kamalnath
R2,339 R2,023 Discovery Miles 20 230 Save R316 (14%) Ships in 12 - 17 working days

Although diversity in companies is a topic of great interest, significant aspects of the issue are often left out of the debate. The Corporate Diversity Jigsaw connects all the dots so that steps taken to address issues of diversity in business organisations can be more effective. Akshaya Kamalnath offers a nuanced justification of exactly what types of diversity are most useful for corporations, where they should be implemented, and how best to address diversity in ways that account for recent social movements such as #MeToo and Black Lives Matter. After a critical assessment of quotas and disclosure requirements across jurisdictions, she provides a different way to solve the problem, by encouraging companies to make improvements to their culture and internal processes. This timely book offers a balanced analysis, practical solutions, and fresh perspectives on how corporate culture and social movements impact diversity efforts.

The Historical Roots of Human Trafficking - Informing Primary Prevention of Commercialized Violence (Paperback, 1st ed. 2021):... The Historical Roots of Human Trafficking - Informing Primary Prevention of Commercialized Violence (Paperback, 1st ed. 2021)
Makini Chisolm-Straker, Katherine Chon
R1,652 Discovery Miles 16 520 Ships in 10 - 15 working days

A public health approach to human trafficking requires a nuanced understanding of its root causes. This textbook applies a historical lens to human trafficking from expert resources for the multidisciplinary public health learner and worker. The book challenges the anti-trafficking paradigm to meaningfully understand historical legacies of present-day root-causes of human trafficking. This textbook focuses on history's utility in public health. It describes history to contextualize and explain present times, and provides public health lessons in trafficking prevention and intervention. Public health recognizes the importance of multiple systems to solve big problems, so the chapters illustrate how current anti-trafficking efforts in markets and public systems connect with historical policies and data in the United States. Topics explored include: Capitalism, Colonialism, and Imperialism: Roots for Present-Day Trafficking Invisibility, Forced Labor, and Domestic Work Addressing Modern Slavery in Global Supply Chains: The Role of Businesses Immigration, Precarity, and Human Trafficking: Histories and Legacies of Asian American Racial Exclusion in the United States Systemic and Structural Roots of Child Sex Trafficking: The Role of Gender, Race, and Sexual Orientation in Disproportionate Victimization The Complexities of Complex Trauma: An Historical and Contemporary Review of Healing in the Aftermath of Commercialized Violence Historical Context Matters: Health Research, Health Care, and Bodies of Color in the United States Understanding linkages between contemporary manifestations of human trafficking with their respective historical roots offers meaningful insights into the roles of public policies, institutions, cultural beliefs, and socioeconomic norms in commercialized violence. The textbook identifies sustainable solutions to prevent human trafficking and improve the health of the Nation. The Historical Roots of Human Trafficking is essential reading for students of public health, health sciences, criminology, and social sciences; public health professionals; academics; anti-trafficking advocates, policy-makers, taskforces, funders, and organizations; legislators; and governmental agencies and administrators.

Towards a Flexible Labour Market - Labour Legislation and Regulation since the 1990s (Hardcover): Paul Davies, Mark Freedland Towards a Flexible Labour Market - Labour Legislation and Regulation since the 1990s (Hardcover)
Paul Davies, Mark Freedland
R3,913 Discovery Miles 39 130 Ships in 12 - 17 working days

Taking as its starting point the authors' earlier work on Labour Legislation and Public Policy, this book provides a detailed account and critical analysis of British labour legislation and labour market regulation since the early 1990s. Referring back to the earlier history, and filling in the gaps in the early and mid-1990s, the work concentrates mainly on the legislation and policy measures in the employment sphere of the New Labour governments which have been in power since 1997, placing those developments in the context of the relevant aspects of European Community law. The work argues for an understanding of this body of legislation and regulatory activity as being directed towards the realisation of a flexible labour market, and shows how this objective has been pursued in three intersecting areas, those of regulating personal or individual employment relations, regulating collective representation, and promoting work. It explores the methods of regulation which have been used, developing a taxonomy of regulation and a notion of 'light regulation' to characterise some recent legislative interventions. It considers how far the administration of Prime Minister Tony Blair has fulfilled its promises or claims of 'fairness at work', 'welfare to work' and 'success at work'. It is intended to be of interest to those concerned with the study of British and European labour or employment law, employee relations or human resource management, labour market economics, and contemporary politics.

Labour Law (Paperback, 2nd Revised edition): Hugh Collins, Keith Ewing, Aileen McColgan Labour Law (Paperback, 2nd Revised edition)
Hugh Collins, Keith Ewing, Aileen McColgan
R1,574 Discovery Miles 15 740 Ships in 9 - 15 working days

Labour Law offers a comprehensive and critical account of the subject by a team of prominent labour lawyers, and includes both collective labour rights and individual employment rights. By placing the law in its social, economic and political contexts, and showing how the law works in practice through case-studies, students will acquire not only a good knowledge of the law but also an appreciation of its importance and the complexity of the issues. Fully updated with recent developments in the field, the text's clear structure, logical chapter organisation, and uncluttered text design combine to make it a truly accessible way into the subject. Suitable for undergraduates and postgraduates studying UK Labour and Employment law, this book is a must-read for those wishing to excel in the field.

Inscribing Solidarity - Debates in Labor Law and Beyond (Hardcover): Julia Lopez Lopez Inscribing Solidarity - Debates in Labor Law and Beyond (Hardcover)
Julia Lopez Lopez
R2,814 R2,431 Discovery Miles 24 310 Save R383 (14%) Ships in 12 - 17 working days

Many governments, large institutions, and collective actors rely on the principle of solidarity to embed social policies on firm normative and legal grounds. In this original volume, a multidisciplinary roster of scholars come together to examine the contributions - and challenges -implicit in relying on the idea of solidarity to 'inscribe' this principle in social policies. Chapters explore how the dependence on the solidarity principle, and especially on inclusive understandings of solidarity, can strengthen or weaken institutions and movements. The volume's contributors cover developments across decades with a multilevel approach exploring dynamic interactions between local, national, and supranational arenas in pursuing and adjudicating the solidarity principle. Unique and innovative, Inscribing Solidarity examines the implications and dynamics of solidarity across a variety of terrains to illuminate its concrete limitations and specific advantages. This title is also available via Open Access on Cambridge Core.

Menschenrechtsverletzungen Im Zusammenhang Mit Wirtschaftlichen Aktivitaten Von Transnationalen Unternehmen (German, Hardcover,... Menschenrechtsverletzungen Im Zusammenhang Mit Wirtschaftlichen Aktivitaten Von Transnationalen Unternehmen (German, Hardcover, 1. Aufl. 2018 ed.)
Sofia Massoud
R2,730 Discovery Miles 27 300 Ships in 12 - 17 working days
Sexual Harassment & Violence Against Women - Developments in Federal Law (Paperback, New Ed): Charles C Dale Sexual Harassment & Violence Against Women - Developments in Federal Law (Paperback, New Ed)
Charles C Dale
R2,151 R1,881 Discovery Miles 18 810 Save R270 (13%) Ships in 12 - 17 working days

Gender-based discrimination, harassment, and violence against women in the home, workplace, and society at large are continuing topics of legislative and judicial concern. Legal doctrines condemning the extortion of sexual favours as a condition of employment or job advancement, and other sexually offensive workplace behaviours resulting in a 'hostile environment', have evolved from judicial decisions under Title VII of the 1964 Civil Rights Act and related federal laws. The earlier judicial focus on economic detriment or quid pro quo harassment -- making submission to sexual demands a condition to job benefits -- has largely given way to Title VII claims alleging harassment that creates an 'intimidating, hostile, or offensive environment'. In 1994, Congress broke new legal ground by creating a civil rights cause of action for victims of 'crimes of violence motivated by gender'. The new law also made it a federal offence to travel interstate with the intent to 'injure, harass, or intimidate' a spouse, causing bodily harm to the spouse by a crime of violence. In recent years, the US Supreme Court has addressed a range of issues from the legality of same-sex harassment to the vicarious liability of employers and a local school district for monetary damages as the result of harassment by supervisors and teachers. In Oncale vs Sundowner Offshore Services Inc., the US Supreme Court resolved a conflict among the federal circuit courts by ruling that sex discrimination consisting of same-sex harassment is actionable under Title VII. Faragher vs City of Boca Raton and Burlington Industries vs Ellerth, held employers vicariously liable for sexual harassment of an employee by a supervisor with immediate or successively higher authority of that employee. Where the harassment results in a 'tangible employment action' -- such as demotion or discharge -- against the victim, Title VII liability is automatic and no defence is available to the employer. In cases not involving tangible reprisals or loss of job benefits, however, the failure of a complaining employee to take advantage of any anti-harassment policy and procedures made available by the employer may be asserted as an affirmative defence. Doe vs Lago Vista Independent School District, by contrast, ruled 5 to 4 that Title IX of the Education Amendments of 1972 imposes no liability on local school districts for teacher harassment of students unless a school official with authority to institute corrective measures has actual knowledge of the alleged misconduct and is deliberately indifferent to it. On June 14, 2004 the Supreme Court considered the defences, if any, that may be available to an employer against an employee's claim that she was forced to resign because of 'intolerable' sexual harassment at the hands of a supervisor. In Pennsylvania State Police vs Suders, the plaintiff claimed the tangible adverse action was supervisory harassment so severe that it drove the employee to quit, a constructive discharge in effect. The Court, in an opinion by Justice Ginsburg, only Justice Thomas dissenting, accepted the theory of a constructive discharge as a tangible employment action, but it also set conditions under which the employer could assert an affirmative defense and avoid strict liability under Title VII of the 1964 Civil Rights Act.

The European Employment Strategy - Labour Market Regulation and New Governance (Hardcover): Diamond Ashiagbor The European Employment Strategy - Labour Market Regulation and New Governance (Hardcover)
Diamond Ashiagbor
R3,492 Discovery Miles 34 920 Ships in 12 - 17 working days

Labour law and social policy have long provided an arena within which key debates over the depth and pace of European integration have taken place. Increasingly, as the European Union's employment policy has matured, employment and economic policy discourses have come to displace discourses around social policy and social law, a displacement which has occurred in tandem with a shift from legislative harmonisation to the use of 'soft law' and governance by means of guidelines. This book charts the evolution of the European Employment Strategy and the new forms of governance to which it has given rise, in particular the 'open method of coordination'. It offers an interdisciplinary exploration of European social law and employment policy, scrutinizing the law and economics of labour market regulation in the European context and responding to the economic critique of traditional notions of social protection. Through a detailed examination of the legal and economic underpinnings of the European Employment Strategy, the author outlines the implications of this strategy for labour law, social protection and industrial relations within the EU. Using the open method of coordination in the European Employment Strategy as a case study, the book also provides a timely contribution to the growing literature on 'new governance' in the EU. This innovative form of governance has the potential to forge a middle course through the regulatory choices facing the EU: the choice over the appropriate level of regulation in the EU, whether national or supranational; that over the legitimate role for the state in regulating or deregulating the labour market; and ultimately, the choice between centralised harmonization and regulatory competition.

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