Pages: 12

As clearly stated in the International Labor Organization's “Integrated Strategy on Fundamental Principles and Rights at Work 2017–2023”: Fundamental rights in the world of work are universal, inalienable and indivisible human rights and, at the same time, enabling conditions for decent work and sustainable economic growth. The ILO rightly adds that: Non-discrimination is a cross-cutting right and principle. In addition to shedding a new light on the old concepts, the author makes important observations about discrimination by algorithm. In terms of developments of disability discrimination law, Ryoko Sakuraba mentions the Act to Facilitate the Employment of Persons with Disabilities of 1960, amended in 2013, establishing employment quotas for that group of people. On the contrary, little case law exists on discrimination because of one's sexuality in Japan. The chapter also presents an overview on the key concepts discussed in this book.

Pages: 120

No chapter abstract available.

Pages: 32

In Italy, as in many other countries, the recent pandemic has contributed to enriching the debate as to the problem of discrimination in the workplace. Social and economic restrictions introduced by the Government in order to slow the spread of Covid-19 have, paradoxically, exacerbated existing inequalities, especially those relating to gender, and created new ones. The aim of this chapter is to examine what role anti-discrimination law can play in addressing these inequalities and consider how the law should respond to the new challenges. The chapter provides an analysis and critique of current judicial approaches to discrimination law. Particularly, it deepens the recent case law on discriminatory dismissal and discrimination on the grounds of trade union membership, dealing with some conceptual and enforcement-related issues. First of all, the difficulties in drawing a bright line distinction between direct and indirect discrimination will be pointed out (§§ 3 and 3.1). In respect of this, the chapter will focus on the recent and relevant ruling of the Tribunal of Bologna on discrimination by algorithm. Finally, this topic will be taken into account with regard to other problems, such as those of burden of proof, statistical evidence (§ 4), legal standing, and collective interest bodies entitled to bring enforcement proceedings (§ 5).

Pages: 23

The anti-discrimination employment law in France covers numerous grounds of discrimination and is embodied in Article L. 1132 of the French Labour Code. However, this provision is the result of a process which began in the early 1980s and which has gradually expanded the anti-discrimination employment law. Having studied the construction of its legal regime, it is proposed to treat its content by studying not only its application but also the burden of proof and the sanctions of discrimination in the employment field.

Pages: 24

Discrimination in employment is a topic of major importance in Spanish Law, like in all the other EU countries. The leadership of the European Union (EU) acquis in this domain has produced a profound footprint in Spanish legislation and case-law. Following the guidance of the main Directives on non-discrimination in employment, the internal system has been enriched with a plethora of acts and regulations in this field whose alignment with EU Law is strongly consistent. In this chapter an in-depth evaluation of the case-law heard by the Spanish Constitutional Court is developed. Apart from the influence of the Court of Justice of the European Union (CJEU) jurisprudence, some of the most interesting inputs of that case-law are highlighted, mainly in the framework of sex discrimination. Undeniably, like in EU Law, this reason for discrimination has guided the growing-up of the main concepts of the other reasons as the prime mover in all the advances produced.

Pages: 39

The chapter starts with the presentation of the legislative framework, national, EU and international regulating in Greece the prohibition of discrimination in employment and occupation. This normative prohibition is analysed in the context of its relationship with the general principle of equality and its specific manifestation of equal treatment, as well as with the contractual freedom of the social partners. After this contextual analysis, the paper dwells on the scope and applicability of the prohibition of discrimination under Greek law, in particular the distinction between direct (overt and covert) and indirect discrimination; the equal pay for equal work principle; and the relationship between harassment and discrimination. The chapter studies also the circumstances which under Greek law may justify discrimination, positive or negative. The presentation concludes with the legal consequences of the disrespect of the prohibition of discrimination, including the question of the burden of proof.

Pages: 66

No chapter abstract available.

Pages: 24

Compared to the then relevant European Community (hereinafter: EC) legislation, the Hungarian act on equal opportunities adopted in 2003 envisaged a much broader framework of protection against discrimination in terms of personal and material scope, including an open list of protected characteristics. However, the initial practice of law enforcement bodies in terms of interpretation of the category of “other status” as a protected trait in discrimination cases revealed large uncertainties and distracted the application of non-discrimination law from its genuine purpose. This study depicts the process of consolidation and refinement of the application criteria of “other status” by the Hungarian judiciary with respect to theoretical and constitutional considerations as well as the international experience relating to this concept.

Pages: 20

The chapter deals with several selected topics of non-discrimination law in the Czech Republic. Firstly, the authors describe the current situation regarding the gender pay gap where despite the high occurence of equality issues in practice, no sufficient remedies have been adopted. In the next part, work life balance issues in employment are discussed. The third topic addresses the Roma segregation in Czech society which also triggers discrimination. Lastly, the authors focus on the area of sanctions for breach of non-discrimination and present the prevailing practices in this area.

Pages: 20

The principle of equal treatment has become an inevitable part of the European Union's law and in the field of labour law it constitutes not only of equality of opportunities of access to employment but also of equal treatment throughout the duration of employment, even after its termination. The efficient compliance with the principle of equal treatment requires the implementation of appropriate measures and procedures, including guaranteeing appropriate redress in cases where discriminatory conduct has been evidenced. This chapter focuses on an analysis of the anti-discrimination legislation in employment relationships in the Slovak Republic and offers a transversal overview of substantial regulation with an emphasis on anti-discrimination law. It draws attention to the possibility of temporary countervailing measures. Subsequently, the chapter analyses the quality of legislation, in particular, if it complies with the requirements of the European Union's case law practice. A significant part is targeted on claims coming from discriminatory actions and in particular on decision-making practice relating to non-pecuniary damage, which is conferred in cases of discrimination in employment relationships.

Pages: 110

No chapter abstract available.

Pages: 41

Sexual harassment at the workplace is a global phenomenon; hence the reason why a brief discussion of the international legal aspects features in the chapter. The topic narrows down to discuss in more detail the various aspects of sexual harassment in Great Britain. An analysis takes place on the British three prong statutory definition of sexual harassment, which is followed by an evaluation of the proposed Statutory Code of Practice to be drafted by the Equality and Human Rights Commission (EHRC), with no indication when the code will be put before Parliament. It is submitted that the content of such code will include the content of the two EHRC guidance documents of 2020 which are fleshed out in the chapter. The Advisory, Conciliation and Arbitration Service (ACAS) procedure for handling sexual harassment cases is also discussed in some detail. Nine concluding thoughts in which there feature constructive criticisms, a number of suggestions to be heeded by employers to protect themselves against liability – including vicarious liability – and a summing up of its content will conclude the chapter.

Pages: 25

US anti-discrimination law creates the potential for law to promote employment equity and to address underlying historically-based systemic inequalities. Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of race, colour, sex, national origin and religion, has been the model for the expansion of anti-discrimination laws to prohibit other bases of discrimination, including age and disability. This chapter analyses the gains made with such legislation through the use of disparate treatment and disparate impact theories of discrimination. The chapter also analyses the weaknesses that keep the laws from making significant progress toward “substantive equality” that would achieve fundamental social and economic change. The chapter also proposes recommendations for reform that could make labour and employment law more effective in addressing systemic inequalities of class, race, and gender.

Pages: 24

Anti-discrimination regulations in employment have existed in Japan since 1947. However, until very recently, their use has been narrowly applied and the prohibited grounds were also limited. Discrimination on the grounds of a worker's creed has not been prohibited in the process of recruitment and hiring. Sexual orientation, for instance, has not yet been added as a prohibited ground. In companies with dual career tracks, one track for workers aiming for higher-grade jobs and another track for those not seeking advancement, most women have chosen the latter lower-grade career track. When women have chosen the higher track, many are subsequently urged to retire for maternity or family reasons. Such practices have caused an uneven detrimental effect on the career development of women. Nevertheless, most practices would not be considered unlawful under the current concept of indirect discrimination. In order to overcome these limitations a number of issues need to be addressed. Many of the issues stem from the work style of the Japanese. Regular workers have traditionally worked hard to support their families, their employment starting and ending with one particular company. During this period of employment, they are required to be loyal to the company, which includes changes of work location at the companies’ behest. In such a system, employees form a kind of community and tend to share common unitary values. Thus, people with unusual characteristics are shunned from these company communities. The dual career track system screens out people not anticipated to work hard to become members of the company community. It seems that discriminatory practices have been considered as justifiable for distinctions based on differences in workers’ preferences and actions. However, recently, a new trend has been developing. Those with disabilities are now covered under anti-discrimination legislation and companies are required to accommodate them. Maternity discrimination is also under close scrutiny and employers should cautiously accommodate women's needs. Companies must check whether female employees actively participate in vocational life and publish some information with regard to female employees’ situations. To this extent, companies cannot justify their practices as “distinctions based on differences”. Such proactive regulations seem to have gained general support in the midst Japan's declining birthrate.

Pages: 18

In this chapter, the authors first explore some historical issues and legal bases for discrimination law. Second, they focus on the currently emerging trends, such as including whistleblowing in the catalogue of discriminatory criteria, the group action, discrimination by algorithm or expanding open catalogues of discriminatory criteria through case law. Third, the authors concentrate on prohibited grounds of discrimination which are an important part of employment discrimination laws. They also mention sexual harassment and other problems existing in particular countries, e.g. the gender pay gap, the rules on the burden of proof or remedies for victims of discrimination. When discussing discrimination on the grounds of age, Jaime Cabeza Pereiro pays special attention to forced retirement – a problem that appears in a rich case law produced by the Spanish Constitutional Court. One of the most important practical problems in the field of anti-discrimination law is the burden of proof.