discrimination

UK Discrimination Law Review: Post-employment victimisation and the effects of Jessemy and Onu

Post-employment victimisation and the effects of Jessemy and Onu. The Court of Appeal has recently held that post-employment victimisation is unlawful, overturning the previous decision in Rowstock Ltd & another v Jessemey  and providing he...




discrimination

UK Discrimination Law Review: Dramatic decline in Employment Tribunal claims

Employment Tribunal statistics for the period October to December 2013 have shown a sharp decline in the number of Employment Tribunal claims brought since the fees regime was introduced last Summer. The statistics: in summaryThe latest statistics s...




discrimination

UK Discrimination Law Review: Post-natal depression: are there limits to the law’s protection from detriment?

Is it necessarily unlawful for an employer to dismiss an employee for incapability if she fails to return to work following the end of maternity leave, where the reason for the absence is post-natal depression (or other pregnancy-connected illness)?...




discrimination

UK Discrimination Law Review: Age discrimination and compulsory retirement

Since the removal of the default retirement age, there have been surprisingly few cases giving guidance as to when an employee might be lawfully retired.  Some employers have implemented their own ‘Employer Justified Retirement Age’...




discrimination

UK Discrimination Law Review: Caste Discrimination

In the case of Tirkey v Chandok and another [2013], an Employment Tribunal considered whether that the existing definition of “race” within the Equality Act 2010 was wide enough to capture discrimination on the basis of caste. Background...




discrimination

UK Discrimination Law Review: Surrogacy

In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the Court of Justice of the European Union  clarified the position regarding the protections and benefits that should be afforded ...




discrimination

UK Discrimination Law Review: Discrimination based on obesity

Later this year the Court of Justice of the EU (CJEU) is expected to give a ruling addressing, for the first time, the extent to which EU law protects workers against discrimination on grounds of obesity.  In the meantime, one of the CJEU&rsquo...




discrimination

UK Discrimination Law Review: Legislation tracker

When What



discrimination

UK Discrimination Law Review: Equal Pay Audits: new Tribunal powers

We have been through a very significant period of change for Employment Tribunals over the past two years: with the introduction of fees, pre-claim conciliation and new Tribunal Rules, all of which are likely to reduce the number of Tribunal claims ...




discrimination

UK Discrimination Law Review: Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working

Employers have a duty to carry out document checks on individuals before employing them.  The aim of the checks is to ensure that individuals have the legal right to work in the UK.  Correctly carrying out document checks gives employers a...




discrimination

UK Discrimination Law Review: Age discrimination and retirement: Seldon – the final chapter

In the latest, and what we can now assume is the last, chapter in the long running Seldon case concerning compulsory retirement, the Employment Appeal Tribunal (EAT) has upheld the Tribunal’s decision that compulsory retirement, in this case i...




discrimination

UK Discrimination Law Review: Age Discrimination – pay and pay protection

The Court of Justice of the EU (CJEU) has recently given another decision on the subject of age discrimination and justification.  Whilst many of the previous judgments have focused on issues around retirement age, unusually the Specht case dea...




discrimination

UK Discrimination Law Review: Shared parental leave: an update

On 1 December 2014 we are expecting legislation to come into force that will give effect to the new shared parental leave regime. The new regime will apply to employees in England, Scotland and Wales whose babies are due, or who will adopt a child, ...




discrimination

Uk Discrimination Law Review: Redundancy and reasonable adjustments

The Employment Appeals Tribunal (“EAT”) has recently given an interesting ruling on  redundancy selection which could open the door to more claims from disabled employees. Background <...




discrimination

Discrimination based on obesity following Kaltoft

Advocate General (AG) Jääskinen has concluded that there is no general principle of EU law prohibiting discrimination in the labour market, and that includes discrimination on grounds of obesity as a self-standing ground of unlawful discri...




discrimination

UK Discrimination Law Review: Legislation tracker

When...




discrimination

UK Discrimination Law Review: Cases to watch

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discrimination

UK Discrimination Law Review: Tax on discrimination compensation

In a recent case the First-tier Tribunal (Tax) confirmed that a compensation payment that was made to an employee on the termination of their employment was taxable, notwithstanding that the payment related to discrimination and injury to feelings. ...




discrimination

UK Discrimination Law Review: Mental illness, culpability and gross misconduct

Mental illness, culpability and gross misconduct A recent appeal case illustrates the difficulties that can arise when dealing with instances of apparent misconduct where a mental impairment could have affected an employee’s ability to control ...




discrimination

UK Discrimination Law Review: Wheelchair users and public transport

The Court of Appeal has dismissed a claim of disability discrimination brought by a wheelchair user who was unable to travel on a bus because the designated wheelchair space was already occupied by a passenger with a child in a buggy. The Court of A...




discrimination

UK Discrimination Law Review: Disability, diet and diabetes

A recent ruling from the Employment Appeal Tribunal (EAT) suggests that it will be difficult for an individual with type 2 diabetes (or some other impairment) to show that the condition, in itself, constitutes a disability if he or she can eliminate...




discrimination

UK Discrimination Law Review: Mandatory gender pay reporting

By March 2016 new regulations will be in place that will require larger employers in the private and third sector to publish details of their gender pay gap ie the difference in pay between male and female employees. The new rules, which will come a...




discrimination

UK Discrimination Law Review: Trivial pursuit: minor upsets and non-harassment

A recent decision of the Employment Appeal Tribunal has stressed that trivial acts, even if related to a protected characteristic, will not constitute unlawful harassment. The case of Henderson v GMB is a useful reminder that the Equality Act is not...




discrimination

UK Discrimination Law Review: Disability discrimination and bonus schemes

Bonus schemes operated by employers will often make eligibility dependant on matters such as attendance. A recent case illustrates how such schemes can fall foul of disability discrimination law. Background The Land Registry operated a discretionary...




discrimination

UK Discrimination Law Review: Changing terms of employment: indirect age discrimination

Imposing changes to terms and conditions of employment is rarely a straightforward exercise.  As well as dealing with issues such as collective and individual consultation, the risk of unfair dismissal and breach of contract claims, and (in som...




discrimination

UK Discrimination Law Review: Equality law forecast

Full Article



discrimination

UK Discrimination Law Review: Indirect discrimination - analysing the nature of and reason for disadvantage

A recent judgment of the Court of Appeal suggests that in some indirect discrimination cases there should be a greater focus on the nature of and reason for the claimed disadvantage than has previously been the case. The ruling may make it harder fo...




discrimination

UK Discrimination Law Review: English (or Welsh) fluency in the public sector

In August the Government announced plans for new laws to ensure all public sector workers in public-facing roles speak fluent English (or, in Welsh authorities, English or Welsh). Further details of the proposals have now been revealed in the Immigr...




discrimination

UK Discrimination Law Review: Equality law forecast




discrimination

UK Discrimination Law Review: Discrimination by association - latest developments

For some time now it has been recognised that direct discrimination occurs not only if someone is treated less favourably because of their own protected characteristics, but also if they are treated less favourably because of somebody else’s p...




discrimination

UK Pensions Speedbrief: Age discrimination challenge to judicial pension scheme succeeds

UK Pensions Speedbrief: Age discrimination challenge to judicial pension scheme succeedsThe Employment Tribunal has handed down its



discrimination

UK Pensions Speedbrief: Public sector age discrimination appeals - latest

The Employment Appeal Tribunal (EAT) has ruled that the transitional arrangements in the New Judges Pension Scheme (NJPS) constitute unlawful age discrimination.  In a related case, the EAT has also held that the Employment Tribunal (ET) f...




discrimination

Redundancy and Age Discrimination - the Tower Hamlets case

A recent Employment Appeal Tribunal decision (The Mayor and Burgess of the London Borough of Tower Hamlets v Mr J Wooster) has found a local authority liable for unfair dismissal and age discrimination where it made insufficient effort to redeploy a...




discrimination

Coronavirus cases in Japan drive surge in discrimination against medical workers

The coronavirus in Japan has brought not just an epidemic of infections, but also an onslaught of bullying and discrimination against the sick, their families and health workers.A government campaign to raise awareness seems to be helping, at least for medical workers. But it’s made only limited headway in countering the harassment and shunning that may be discouraging people from seeking testing and care and hindering the battle against the pandemic.When Arisa Kadono tested positive and was…




discrimination

Discrimination and poor job prospects hit children of immigrants

The children of immigrants continue to face major difficulties integrating in OECD countries, especially in the European Union, where their poor educational outcomes leave many struggling to find work, according to a new OECD/EU report.




discrimination

The discrimination 'curriculum' in M.P.'s schools


Schools are meant for making better citizens out of our children but in the Dewas district of Madhya Pradesh, they are forging and reinforcing caste-bondages instead. Inclusive education seems a far cry in the villages of Dewas, reports Shuriah Niazi.




discrimination

Raise tricolour on May 1 to protest against Centre's discrimination: Punjab Cong asks people




discrimination

The ROR Advantage: No Spider Discrimination!

Search engine optimization is a very complex science, but at its heart is the simple rule: to format your website in such a way that spiders can immediately recognize and index its content.




discrimination

Justice Department Announces Settlement with Walmart Over Discrimination Claim by Naval Reservist

The Department of Justice announced today the resolution of a lawsuit in which Naval Petty Officer Third Class Lindsey Hunger alleged that Walmart violated her rights when it failed to offer her employment at the Walmart store located at 2545 Rimrock Avenue in Grand Junction, Colorado because of her upcoming Naval Reserve commitments. Ms. Hunger had alleged that Walmart’s actions violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The Department of Justice Civil Rights Division and United States Attorney’s Office represented Petty Officer Hunger in the lawsuit.




discrimination

Justice Department Reaches Settlement with Richmond County Sheriff’s Office Resolving the Military Employment Discrimination Claim of an Active Duty Servicemember and Requiring Development of a USERRA Policy

The Justice Department announced today that it has reached a settlement with the Richmond County (GA) Sheriff’s Office (RCSO) that resolves allegations that the RCSO violated the employment rights of Private First Class (PFC) Auben Kendall under the Uniformed Services Employment and Reemployment Rights Act (USERRA).




discrimination

Justice Department Settles with Staffing Company to Resolve Immigration-Related Discrimination Claims

The Department of Justice announced today that it has reached a settlement with Randstad North America Inc. (Randstad), a global staffing agency with offices throughout the United States and a headquarters in Atlanta, Georgia. The settlement resolves the department’s claims that the staffing company’s South Plainfield, New Jersey location, violated the Immigration and Nationality Act (INA) by discriminating against lawful permanent residents when verifying their work authorization.




discrimination

Front/back discrimination device for time card, time recorder provided with same, front/back discrimination method for the time card, and program

A time recorder includes a first sensor that detects the side edge of a time card having a cut-out formed at at least one corner of the bottom, a second sensor that detects the bottom of the time card, and a card feeding unit that feeds the time card. When the time card is fed by this card feeding unit, a pulse counter of the card feeding unit counts the number of pulses of predetermined pulse signals after the first sensor detects the time card and until the second sensor detects the time card. Next, the front and back faces of the time card are determined based on the number of pulses that is a counting result. Hence, the front and back faces can be determined by the first sensor and the second sensor only.




discrimination

Enhancing Flow Cytometry Discrimination with Geometric Transformation

In flow cytometry, particles (2) can be distinguished between populations (8) by combining n-dimensional parameter data, which may be derived from signal data from a particle, to mathematically achieve numerical results representative of an alteration (48). An alteration may include a rotational alteration, a scaled alteration, or perhaps even a translational alteration. Alterations may enhance separation of data points which may provide real-time classification (49) of signal data corresponding to individual particles into one of at least two populations.




discrimination

For Prominent Women Discrimination Often Doesn't Stop At The Grave

Today on “Two Way Street” we’re discussing The New York Times obituary project “ Overlooked ” with its co-creator Jessica Bennett . From Ida B. Wells to Emily Warren Roebling , “Overlooked” features the retroactive obituaries of prominent women whose stories initially failed to make it into the Times obit section. Jessica, the Times’ newly appointed gender editor, joins us to discuss her work on “Overlooked” with the digital editor of the obituary desk Amisha Padnani . And since no conversation about obituary writing is complete here in Georgia without including the Atlanta Journal-Constitution’s longtime obit editor, we asked Kay Powell to join us, too. Kay served as obituary editor of the AJC from 1996 to 2009. “Overlooked” began after an exhaustive search of the Times’ obituary archives struck Jessica and Amisha with this epiphany: white men had historically dominated the newspaper’s obituaries. The two editors responded by writing obituaries for some of the women who had been




discrimination

How smart home tech could perpetuate discrimination and racial profiling

Amazon and Google have made a hard push into the home security market, but civilian surveillance could have real impacts on privacy and racial profiling.




discrimination

Fears government's religious freedom draft bill will override Tasmania's anti-discrimination laws

Human rights advocates fear the Tasmanian Government's failure to make a submission against the Federal Government's religious freedom draft bill would severely undermine the state's anti-discrimination laws.




discrimination

Taxi rapist Neelander Sirohi loses racial discrimination case over prison course expulsion

Former Canberra taxi driver Neelander Sirohi loses a racial discrimination case he launched after he was expelled from a sex offender's course while serving time for raping a vulnerable woman in 2013.



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discrimination

Backpacker tax ruled 'a disguised form of discrimination' and overturned by Federal Court

An estimated 75,000 backpackers working, or that have worked in Australia, could be back-paid hundreds of millions of dollars after the Federal Court ruled the so-called backpacker tax invalid.




discrimination

Racial discrimination evenly spread across urban and rural Australia, report finds

Researchers say there used to be an expectation that there was an urban/country divide in racist attitudes in Australia, but a recent study has challenged the assumption.