International Workplace Discrimination Law

With contributions from top legal scholars, this edited collection provides an international overview of the most up-to-date issues and new trends in law regarding employment discrimination in different countries. Confronting the US, the UK, Japan on the one hand, with the EU jurisdictions, namely Italy, France, Spain, Greece, Hungary, Slovak Republic and the Czech Republic on the other hand, this book pays special attention to the most significant changes to law in these countries and ongoing challenges they face. The monograph is complementary to a former one entitled "Discrimination and Employment Law: International Legal Perspectives", Joseph Carby-Hall, Zbigniew Góral and Aneta Tyc (eds.), Routledge 2023, and at the same time works as a separate volume. Adopting a problem-solving approach, this monograph offers an in-depth analysis of both anti-discrimination statutory law and of a growing and still developing corpus of case law. This book will appeal to students, academics and practitioners working in the field of labour and employment law, anti-discrimination law and human rights law, as well as to employers, employees, trade unions, the ETUC, the ILO, and policy-makers from all over the world.

With contributions from top legal scholars, this edited collection provides an international overview of the most up-to-date issues and new trends in law regarding employment discrimination in different countries. Confronting the US, the UK, and Japan on the one hand, with the EU jurisdictions, namely Italy, France, Spain, Greece, Hungary, Slovak Republic and the Czech Republic on the other hand, this book pays special attention to the most significant changes to law in these countries and ongoing challenges they face. The monograph is complementary to a former one entitled "Discrimination and Employment Law: International Legal Perspectives", Joseph Carby-Hall, Zbigniew Gral and Aneta Tyc (eds.), Routledge 2023, and at the same time works as a separate volume. Adopting a problem-solving approach, this monograph offers an in-depth analysis of both anti-discrimination statutory law and of a growing and still developing corpus of case law. This book will appeal to students, academics and practitioners working in the field of labour and employment law, anti-discrimination law and human rights law, as well as to employers, employees, trade unions, the ETUC, the ILO, and policy-makers from all over the world.

Presenting the issues of discrimination in employment in a multifaceted manner, this book examines the standards on anti-discrimination law for employment at international and EU levels and those deriving from national jurisdictions. Bringing together top scholars in the field of anti-discrimination employment law, this book explains the conceptual and theoretical foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges in the Netherlands, Poland, Germany, the UK, Australia, New Zealand, Canada, India, Switzerland and Israel. Identifying emerging trends in anti-discrimination employment law, this book offers a comparative, problem-solving approach and an in-depth analysis of new developments in both anti-discrimination statutory law and case law. Addressing employment law with a focus on anti-discrimination law and human rights law, this book will be essential reading for students, academics and practitioners working in the fields of labour and employment law, anti-discrimination law and human rights law and offers an international comparative overview of the most up-to-date issues relating to discrimination.

As the #MeToo movement has become an increasingly global and significant workplace matter, a timely resource compiling must-know international workplace sexual harassment laws for the multinational employer is clearly needed. This book provides a comprehensive compilation of global sexual harassment laws, clearly necessary in this climate but not currently existing until now. It presents legislation addressing workplace sexual harassment in over 50 countries in the European Region, Asia Pacific, Americas, and the Middle East and Africa. Within each region, the laws of individual countries are set forth, as well as some cultural context and recent developments to indicate present and future trends in workplace sexual harassment regulation. Written in clear, plain English for anyone without a legal background to understand, this book is essential reading and a key resource for employment and business attorneys, global employers, managers, human resources professionals, and occupational health and safety professionals. Academics, practitioners, union members, employees, NGOs, and those in the human rights field will also benefit from this timely resource.

In Empirical Research and Workplace Discrimination Law, Alysia Blackham offers a succinct comparative survey of empirical research that is occurring in workplace discrimination law.

Workplace Bullying and Harassment: New Developments in International Law provides a comprehensive tour around the globe, summarizing relevant legislation and key developments in workplace bullying, harassment, sexual harassment, discrimination, violence, and stress in over 50 countries in Europe, the Asia Pacific region, the Americas region, and the Middle East and Africa. Workplace bullying, harassment, and other psychological workplace hazards are becoming increasingly acknowledged and legislated against in the modern work world. The costs of bullying, harassment, violence, discrimination, and stress at work are huge and far-reaching. Frequently under-reported and misunderstood, workplace bullying, harassment, violence, discrimination, and stress wreak havoc on the vitality and prosperity of organizations and individuals alike. Workplace laws have long dealt with physical risks, and psychological risks have begun to be treated similarly. In response to the changing workplace, many countries are regulating workplace bullying and harassment by introducing new legislation or incorporating new provisions into existing legislation to address these risks. Other countries have opted for non-regulatory instruments. Numerous European countries, Canada, Australia, and Japan all prohibit and punish workplace bullying and harassment, with other countries, including the United States of America, moving toward legislation against this abusive workplace conduct. This book brings together need-to-know information on global workplace bullying and harassment in one place, the first publication of its kind to do so. It will aid those in the fields of labor and employment, human resources management, occupational and industrial health psychology, health and safety, and workplace regulatory compliance stay abreast of laws and developments that these practitioners must be aware of, whether operating nationally or globally. Academics will also benefit. Links to laws and references are provided, enabling further research.

More and more the modern workplace faces challenges of diversity and employability. There is an increasingly insistent need to match workforce diversity, or workers' own characteristics and choices, with employers' organizational and business requirements. In this context, the notion of reasonable accommodation inevitably arises. Concepts such as 'adaptability' and 'employability' not only require workers to adapt to new labour market circumstances but are also directed towards employers' duties to accommodate work and the workplace to the worker's situation. This book is the first study to analyse, at a global scale, how employment discrimination law gives shape to an accommodated workplace in three main areas of interest: age, disability, and religion/belief. Sixteen prominent labour and employment law scholars offer in-depth perspectives from Belgium, the Netherlands, France, Sweden, Russia, Israel, Canada, the United States, South Africa, and Australia. Each report fully integrates relevant legislation, case law, and legal doctrine and follows the same structure to allow easy comparisons across jurisdictions. Attention is also given to the roles of European Union law and the UN Convention on the Rights of Persons with Disabilities. Issues and topics covered include the following: - the scope of 'accommodation'; - 'reasonable' defined; - recognized business requirements that may override the duty to accommodate; - when employers' neutrality policies to avoid accusations of discrimination may constitute indirect discrimination; - use of integration or re-integration strategies to accommodate disabled/incapable workers; - use of 'exit gateways' that enable employers to avoid liability in cases of disability discrimination; - when employers must take into account workers' family lives; and - when an obligation to reclassify a worker exists. These articles were originally presented as papers at the 2015 meeting of the International Association of Labour Law Journals hosted by the Institute for Labour Law of the University of Leuven. Ultimately the book makes clear that reasonable accommodation cannot be narrowed down to a formal anti-discrimination perspective but requires an integrative logic that can grow in a broader labour law context. As a compelling analysis of whether the idea of reasonable accommodation is winning ground in labour law in today's world, this book will prove of immeasurable value to labour and employment lawyers and judges, as well as to corporate counsel and academics in the field.

This casebook emphasizes primary materials (statutes, European Union directives, regulations, guidelines, and cases) that have been edited to facilitate classroom discussion. Accessible to both professors and law students, the primary material is enhanced by brief notes and questions. The book can be assigned or recommended as optional reading to supplement a domestic-only employment discrimination law course, or serve as the basis of a stand-alone seminar, to advance the students' understanding of their own system and the kinds of issues they will face in an era of globalization.