Related Research Articles
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group.
Affirmative action, also known as positive discrimination, involves sets of policies and practices within a government or organization seeking to include particular groups based on their gender, race, sexuality, creed or nationality in areas in which such groups are underrepresented - such as education and employment. Historically and internationally, support for affirmative action has sought to achieve goals such as bridging inequalities in employment and pay, increasing access to education, promoting diversity, and redressing apparent past wrongs, harms, or hindrances.
Diversity training is any program designed to facilitate positive intergroup interaction, reduce prejudice and discrimination, and generally teach individuals who are different from others how to work together effectively.
Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses and allowances. Some countries have moved faster than others in addressing equal pay.
Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. Common forms of pregnancy discrimination include not being hired due to visible pregnancy or likelihood of becoming pregnant, being fired after informing an employer of one's pregnancy, being fired after maternity leave, and receiving a pay dock due to pregnancy. Pregnancy discrimination may also take the form of denying reasonable accommodations to workers based on pregnancy, childbirth, and related medical conditions. Convention on the Elimination of All Forms of Discrimination against Women prohibits dismissal on the grounds of maternity or pregnancy and ensures right to maternity leave or comparable social benefits. The Maternity Protection Convention C 183 proclaims adequate protection for pregnancy as well. Though women have some protection in the United States because of the Pregnancy Discrimination Act of 1978, it has not completely curbed the incidence of pregnancy discrimination. The Equal Rights Amendment could ensure more robust sex equality ensuring that women and men could both work and have children at the same time.
The California Department of Fair Employment and Housing is an agency of California state government charged with the protection of residents from employment, housing and public accommodation discrimination, and hate violence. It is the largest state civil rights agency in the United States. It also provides representation to the victims of hate crimes. Originally a division within the Department of Industrial Relations, DFEH became a separate department in 1980. DFEH has a director who is appointed by the governor of California and maintains a total of five offices and five educational clinics throughout the state. Today, it is considered part of the California Business, Consumer Services, and Housing Agency.
The Pregnancy Discrimination Act (PDA) of 1978 is a United States federal statute. It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy."
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, gender, sex, religion, national origin, and physical or mental disability. State and local laws often protect additional characteristics such as marital status, veteran status and caregiver/familial status. Earnings differentials or occupational differentiation—where differences in pay come from differences in qualifications or responsibilities—should not be confused with employment discrimination. Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group.
Affirmative action in the United States is a set of laws, policies, guidelines, and administrative practices "intended to end and correct the effects of a specific form of discrimination" that include government-mandated, government-approved, and voluntary private programs. The programs tend to focus on access to education and employment, granting special consideration to historically excluded groups, specifically racial minorities or women. The impetus toward affirmative action is redressing the disadvantages associated with past and present discrimination. Further impetus is a desire to ensure public institutions, such as universities, hospitals, and police forces, are more representative of the populations they serve.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories." The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
Kimberlé Williams Crenshaw is an American civil rights advocate and a leading scholar of critical race theory. She is a professor at the UCLA School of Law and Columbia Law School, where she specializes in race and gender issues.
Equal Rights Advocates (ERA) is an American non-profit gender justice/women's rights organization that was founded in 1974. ERA is a legal and advocacy organization dedicated to advancing rights and opportunities for women, girls, and people of all gender identities through legal cases and policy advocacy.
AT&T Corporation v. Hulteen, 556 U.S. 701 (2009), is a US labor law case of the United States Supreme Court, holding that maternity leave taken before the passage of the 1978 Pregnancy Discrimination Act needed not to be considered in calculating employee pension benefits.
Parental leave in the United States is regulated by US labor law and state law. The Family and Medical Leave Act of 1993 (FMLA) requires 12 weeks of unpaid leave annually for mothers of newborn or newly adopted children if they work for a company with 50 or more employees. As of October 1, 2020, the same policy has been extended to caregivers of sick family members, or a partner in direct relation to the birth of the child therefore responsible for the care of the mother. Although 12 weeks are allowed to them, on average American fathers only take 10 days off, due to financial need. Taking paternity leave is not the norm, due to lack of paternity leave allotted to fellow employees previously in the same situation since the policy change is relatively new. Beginning in 2020, California, New Jersey, and Rhode Island required paid parental leave to employees, including those a part of 50 or less employees. For the majority of US workers at companies with fewer than 50 employees, there is no legal requirement for paid or unpaid leave to care for a new child or recover from childbirth but some US states do require this.
The maternal wall is a term referring to stereotypes and various forms of discrimination encountered by working mothers and mothers seeking employment. Women hit the maternal wall when they encounter workplace discrimination because of past, present, or future pregnancies or because they have taken one or more maternity leaves. Women may also be discriminated against when they opt for part-time or flexible work schedules. Maternal wall discrimination is not limited to childcare responsibilities. Both men and women with caregiving responsibilities, such as taking care of a sick parents or spouse, may also result in maternal wall discrimination. As such, maternal wall discrimination is also described as family responsibilities discrimination. Research suggests that the maternal wall is cemented by employer stereotypes and gender expectations.
Joan C. Williams is an American feminist legal scholar whose work focuses on issues faced by women in the workplace. She currently serves as the Founding Director at the Center for WorkLife Law. Williams is also a Distinguished Professor of Law at the University of California, Hastings School Law. Williams also contributes to the Harvard Business Review blog, the Huffington Post, and the Psychology Today blog.
Young v. United Parcel Service, 575 U.S. 206 (2015), is a United States Supreme Court case that the Court evaluated the requirements for bringing a disparate treatment claim under the Pregnancy Discrimination Act. In a 6–3 decision, the Court held that to bring such a claim, a pregnant employee must show that their employer refused to provide accommodations and that the employer later provided accommodations to other employees with similar restrictions. The Court then remanded the case to the United States Court of Appeals for the Fourth Circuit to determine whether the employer engaged in discrimination under this new test.
In Japan, a person with a disability is defined as: "a person whose daily life or life in society is substantially limited over the long term due to a physical disability or mental disability". Japan ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on 20 January 2014.
Proposition 22 was a ballot initiative in California on the November 2020 state election which passed with 59% of the vote and granted app-based transportation and delivery companies an exception to Assembly Bill 5 by classifying their drivers as "independent contractors", rather than "employees", thereby exempting employers from providing the full suite of mandated employee benefits while instead giving drivers new protections of:
Chelsey Glasson is an American user researcher, writer, and workers' rights advocate. She sued Google, her former employer, for pregnancy discrimination, which ended in an undisclosed settlement after two years of litigation. She has successfully lobbied for pregnancy anti-discrimination and labor rights laws in Washington State.
References
- ↑ "Know Your Rights if You Are Breastfeeding in California". 8 July 2016.
- ↑ "UC Hastings Center for WorkLife Law Awarded $40,000 Grant from Washington Center for Equitable Growth - UCHastings". Archived from the original on 2017-01-16. Retrieved 2017-01-07.
- ↑ "Our Diversity".
- ↑ "Universities Are Breaking the Law when They Discriminate Against Pregnant Grad Students". 7 March 2016.
- ↑ "Can more stable work schedules help employees and businesses thrive? | Crown Family School of Social Work, Policy, and Practice".
- ↑ "How to Make Your Company Less Sexist and Racist". The Atlantic . 31 March 2015.
- ↑ "Black Women's Health Imperative - Getting Help at Work: The Employee's Guide to Pregnancy Accommodation". www.bwhi.org. Archived from the original on 2015-03-16.
- ↑ http://familyvaluesatwork.org/docs/Shop-Manual-FINAL-LPWF.pdf [ bare URL PDF ]
- ↑ "Pumping Milk at 40,000 Feet: Four Women Pilots Are Navigating a Course toward Fairness". HuffPost . 11 May 2016.
- ↑ "Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities | U.S. Equal Employment Opportunity Commission".