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David B. Oppenheimer

Abstract

In The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality: A Comparative Global Perspective, part of the Brill series on Comparative Discrimination Law, David Oppenheimer compares positive measures for addressing inequality and systemic discrimination, including discrimination based on gender, race, ethnicity, color, national origin, disability, and religion. Across the globe, such measures are ubiquitous, commonly applied in employment, admission to selective colleges and universities, selection for legislative seats, and membership on corporate boards. They are variously described as “positive measures,” “affirmative action,” “positive action,” “compensatory action,” or “special measures.”

These policies began in the late-eighteenth to mid-nineteenth centuries, as a part of the social/political movements to end slavery, grant universal suffrage, end colonialism, grant equal rights to women and men regardless of social status or property, eliminate the caste system, adopt measures of proportional representation, embrace the benefits of diversity, and endorse universal equality.

Nearly every large nation in the world has adopted at least some special measure plans, with continuing experiments using quotas, reservations, set-asides, reparations, preferences, tie-breakers, targeted recruiting efforts, diversity measures, equity and inclusion policies, anti or unconscious bias training, and public disclosure requirements.

Alysia Blackham

Abstract

In Empirical Research and Workplace Discrimination Law, part of the series Comparative Discrimination Law, Alysia Blackham offers a succinct comparative survey of empirical research that is occurring in workplace discrimination law, across jurisdictions such as the United States of America, the United Kingdom, Canada, Australia and New Zealand. Drawing on case studies of existing scholarship, Blackham offers both a rationale for conducting empirical research in this area, and methodological options for researchers considering empirical work. Using examples from case law and public policy, the author considers the impact that empirical research is having on discrimination law and policy, and highlights fundamental gaps in existing empirical scholarship.

Tanya Katerí Hernández

Abstract

This fifth volume in the Brill Research Perspectives in Comparative Discrimination Law surveys the field of comparative race discrimination law for the purpose of providing an introduction to the nature of comparing systems of discrimination and the transnational search for effective equality laws and policies. This volume includes the perspectives of racialized subjects (subalterns) in the examination of the reach of the laws on the ground. It engages a variety of legal and social science resources in order to compare systems across a number of contexts (such as the United States, Canada, France, South Africa, Brazil, Colombia, Peru, Hong Kong, Japan, Korea, Israel, India, and others). The goal is to analyze the strengths and weaknesses of various kinds of anti-discrimination legal devices to aid in the study of law reform efforts across the globe centered on racial equality.

Series:

Holning Lau

In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination. This volume is an essential guide for researchers seeking to acquaint themselves quickly with a comparative view of cutting-edge issues concerning sexual orientation and gender identity rights.

Other titles published in this series:
- Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447
- International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461
- Comparative Discrimination Law; Age as a Protected Ground, Lucy Vickers; isbn 9789004345539

Comparative Discrimination Law

Age as a Protected Ground

Series:

Lucy Vickers

This comparative review of age as a protected ground in discrimination law explores the underpinning questions and themes related to two main dimensions of age discrimination. The first dimension is structural, economic and labour market driven, whereby age is used to allocate a range of rights, obligations and benefits within society. The second is the social justice and equality dimension, in which age is understood as an aspect of individual identity that is worthy of protection against indignity or detriment. The review then considers the law on age discrimination in a number of jurisdictions, the EU law, the UK, Sweden, USA, Canada and South Africa, and assesses the extent to which the underpinning questions explain the developing case law.

Other titles published in this series:
- Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447
- International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461

Holning Lau

Abstract

Laws concerning sexual orientation and gender identity (SOGI) have undergone a sea change. Still, legal protections against SOGI discrimination vary widely around the world. As jurisdictions wrestle with whether and how to protect people against SOGI discrimination, several conceptual questions emerge. This Brill volume reviews and discusses legal developments and scholarly commentary concerning these questions. Specifically, this volume examines the following five questions: (1) Is SOGI discrimination encompassed by existing laws prohibiting discrimination based on sex? (2) Should sexual orientation and gender identity be considered protected categories in and of themselves? (3) Is there a standard sequence of steps for developing legal protections against SOGI discrimination? (4) What are the drawbacks of developing SOGI discrimination protections? (5) To what extent should religious objections justify exemptions from SOGI discrimination bans?