indirect discrimination essay

In one essay on employment, religion, and indirect discrimination presented early in the workshop, Katayoun Alidadi LL.M. '05, assistant professor of legal studies at Bryant University, called indirect discrimination confusing for lawyers, much less the members of civil society who must comply with antidiscrimination law in an employment setting.

Indirect discrimination - or "disparate impact" in the US law - is one of the focal points of current antidiscrimination policies. Roughly speaking, indirect discrimination refers to "an act that imposes a disproportionate disadvantage on the members of a certain group," where, in particular, "the agent has no intention to disadvantage the members of the group and no other ...

indirect discrimination on the basis of sexual orientation or gender identity, and many of the participants in February had also attended the prior event. 1. Participants in February included ... Papers from the April 2020 workshop were published as the Summer 2021 issue of the Harvard

rect discrimination is a fundamental tool for identifying and articulating state responsibilities of non-repetition. In that context, it is remarkable that conceptualizations of indirect discrimination are largely absent from the doctrine and case law of United Nations ("UN") human rights treaty bod-ies and special procedures.

Indirect discrimination norms do not prohibit actions with differential impact in absolute terms, but rather require that sufficient justifications are provided for those actions. ... These are some opening thoughts to whet the reader's appetite for the series of essays that follows. They should make clear that there is a lot discuss. See ...

INTRODUCTION. Many legal systems differentiate between direct and indirect discrimination.1 For example, in the United Kingdom, pursuant to section 13 of the Equality Act 2010, direct discrimination is characterised as follows: 'A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.'

The key elements in establishing indirect discrimination are contained in s 1(2)(b) of the Sex Discriminations Act 1975. Indirect discrimination will occur where an employer imposes a provision, criterion or practice which applies to all employees, which puts persons of the complainants sex at a particular disadvantage when compared to members of the opposite sex and the provision is also to ...

The Essays and Commentaries that ... Indirect discrimination norms generally require sufficient justification for actions with differential impact on the specified grounds. Some of the questions that arise concern the purpose served by the indirect discrimina-tion norm, the scope of the actions that the norm regulates, the kind of ...

The April event was hosted by Gerald Neuman, HRP Director and J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School, who also contributed an essay to the journal on the "normative background to prohibitions on indirect discrimination" and "the current state of indirect discrimination law ...

Indirect discrimination. Indirect discrimination happens when there is a policy that applies in the same way for everybody but disadvantages a group of people who share a protected characteristic, and you are disadvantaged as part of this group. If this happens, the person or organisation applying the policy must show that there is a good ...

Indirect discrimination. Indirect discrimination is the legal term that describes situations when policies, practices or procedures are put in place that appear to treat everyone equally but, in practice, are less fair to those with a certain protected characteristic under the Equality Act 2010.. An example of indirect discrimination, may be a minimum height requirement for a job where height ...

Abstract. Indirect discrimination involves an apparently neutral practice or policy which puts members of a protected group at a disproportionate disadvantage compared with members of a cognate group, and which fails to satisfy a means-end justification test. Law has played a critical role in recognizing and conceptualizing the phenomenon.

neutral practice that disadvantaged persons on the grounds of group-membership as indirect discrimination; second, because it would label a practice that is in fact classical direct discrimination as indirect discrimination, so long as sufficient deception is provided to make it appear neutral.2 Similar problems afflict the academic literature.

This chapter examines direct and indirect discrimination, while the next chapter considers how these concepts apply in the particular contexts of equal pay, pregnancy and parenting, reasonable accommodation, and sexual harassment. Positive duties are discussed in detail in Chapter 8. The aim of this chapter is to develop an understanding of the ...

1. The EU Racial Equality Directive, for example, specifically defines "indirect discrimination," as does the Equality Act 2010 in the United Kingdom. The parallel notion in the United States is known as discrimination "based on disparate impact," as, for example, in Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2 ( k ). 2.

the idea of 'indirect discrimination' which operates differently in the European welfare system. . . . 'Indirect discrimination' and 'disparate impact' are concepts that have the potential to lead to an egali-tarian conception of distributive justice."). 3. Case 170/84, Bilka-Kaufhaus GmbH v. Weber von Hartz, 1986 E.C.R. 1607 ...

In this essay, I contend that indirect discrimination is textually, evidentially and normatively incompatible with Article 15(1). Article 15(1) must only cover cases of direct discrimination. Nevertheless, discrimination along the lines of certain prohibited markers which are tied to individual dignity and autonomy ought to be treated ...

The ECtHR confronts indirect discrimination on the basis of sexual orientation. Since the D.H. judgment in 2007, the ECtHR has decided at least sixteen cases of indirect discrimination.43 In only one of these cases did the Court uphold a claim of indirect discrimination on the basis of sexual orientation.

Indirect discrimination can be claimed where there is an ostensibly neutral provision, criterion or practice which indirectly discriminates against the claimant. ... Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more ...

The first definition of indirect discrimination is found in the UK Sex Discrimination Act (SDA) 1975. Tobler argues that the US disparate impact doctrine led to the adoption of the legal definition of indirect discrimination. The Government adopted the Race Relations Act 1976 and included in it a formula defining indirect discrimination.

Direct and indirect discrimination. "In view of a justification defence to both direct and indirect discrimination, the law will continue to do little to prevent age discrimination.". Critically evaluate this statement as a reflection of the current position of the law in this area. Date authored: 21 st July, 2014.

Essay adopts. Next, this Essay provides a brief introduction to the range of claims of indirect religious discrimination that arise in practice. A. Some Conceptual Distinctions Indirect discrimination refers to the conception of unlawful discrimina-tion that concentrates on the adverse effects of an apparently neutral policy

Most people understand direct discrimination. Indirect discrimination occurs where the effect of certain requirements, conditions or practices imposed by an employer or education provider has an adverse impact disproportionately on one group or other. Indirect discrimination generally occurs when a rule or condition, which is applied equally to ...

The workers filed a charge with the U.S. Equal Employment Opportunity Commission (EEOC), alleging that Rural Office of Community Services Inc. discriminated against them because of their sex, subjecting them to sexual harassment and retaliating against specific workers complaining to terminate them ("South Dakota Social Agency Fined $320K ...

This essay about the impact of alcohol on the central nervous system explores how alcohol affects neurotransmitter activity, disrupts brain function, and alters neuronal structure. It highlights alcohol's influence on cognitive function, mood regulation, and mental health, emphasizing the risks associated with chronic alcohol abuse.