Employment Discrimination

The job interview is one of the most widely used assessment tools in the selection process. Despite its popularity in practice, interview outcomes can be prone to bias. Although our knowledge of stigmatizing applicant characteristics that elicit subgroup differences has grown exponentially, research continuously highlights the need for a framework underlying interview bias. This paper proposes a framework for interview bias based on the dual-process theory, which is a widely applicable theoretical framework that has influenced research on social-interactions, information processing, and decision making. Specifically, we investigate how stigmatizing applicant characteristics affect interviewers’ information processing during the three main stages of the interview (i.e., pre-interview, interview, decision-making), we discuss situational and interviewer factors as moderators, and describe the impact on interview outcomes (like interview bias). Building on the dual-process theory, we formulate key propositions, related to each of the interview stages. Finally, we discuss the implications of this framework for future interview and stigma research and for organizations’ interviewing practice.

Aging is a reality of life since the global workforce is getting older. The article first discusses the challenges confronting older workers in today's work environment, particularly the presence of negative age stereotypes and ageist prejudice and bias towards older workers, frequently resulting in age discrimination in employment. The authors relate the results of a cross-cultural age and cultural values survey regarding perceptions of older workers and the prevalence of age discrimination. The article then provides an overview of the key civil rights statute in the U.S. prohibiting age discrimination-the Age Discrimination in Employment Act (ADEA)-as well as a discussion of the nature and role of the federal regulatory agency in the U.S.-the Equal Employment Opportunity Commission-in implementing and enforcing age discrimination law. A succinct comparison of U.S. age discrimination law to the law of the European Community is also supplied. Principal purposes of this article are to provide to employers, business leaders, and managers practical strategies and recommendations to comply with age discrimination laws, to maintain fair employment practices, and to show how to handle an actual age-based discrimination lawsuit. Recommendations are supplied to managers on how to deal with the ADEA and especially how to avoid legal liability pursuant to this important anti-discrimination statute. Suggestions are also provided on how to deal with and to defend age discrimination lawsuit cases. Furthermore, suggestions are offered to the business community on how to view older workers as an opportunity and to utilize them in a beneficial fashion for the firm or organization. Another major purpose of this article is to provide older workers-whether current employees or job applicants-suggestions on how to keep and secure employment in a technologically advanced but recessionary economy.

The discrimination transgender persons experience in their educational pursuits, as well as their personal, public, and private lives, negatively impacts their ability to obtain and to maintain work. Trans individuals experience frequent harassment and violence in school, discrimination in the workplace, and high rates of poverty. This chapter reviews the prevalence and implications of trans targeting before surveying judicial opinions and legal statutes that work to protect or to discriminate against transfolk. Although the laws are mixed, more and more legislative codes and judicial opinions advance trans rights and consider gender identity and expression a protected class of people. This chapter suggests different policies, programs, and protocols college campuses can adopt to create a safe, inclusive, and productive educational environment for trans students. Doing so will educate cisgender individuals about trans issues and legal rights as well as prepare trans workers to enter...

While separate bodies of research have emerged regarding racial microaggressions in postsecondary settings and the relationship between race-related stressors and health outcomes for African Americans, there is a dearth of empirical investigations that test the effects of “general happiness,” “job satisfaction,” and race-related stress based on the educational attainment of African Americans. This study examines the experiences of 3,320 African Americans who participated in the National Survey of American Life (NSAL) conducted by the Program for Research on Black Americans at the University of Michigan. Using a multigroup structural equation modeling approach, findings suggest that experience with more racial microaggressions tends to lead to less general happiness. Furthermore, greater racial microaggressions lead to less job satisfaction regardless of educational attainment. Findings demonstrate that racial microaggressions are entrenched in many parts of society that impact the health and education of African Americans. Authors provide suggestions for addressing racial microaggressions and disrupting whiteness.

J.J. Prescott, University of Michigan , co-written with Christine Jolls
Yale Law School; National Bureau of Economic Research (NBER)

Full paper available at https://ssrn.com/abstract=580741 
Abstract
Studies of the effects of employment protection law frequently examine protective legislation as a whole. From a policy reform perspective, however, it is often critical to know which particular aspect of the legislation is responsible for its observed effects. The American with Disabilities Act (ADA), a 1990 federal law covering over 40 million Americans, is a clear case in point. Several empirical studies have suggested that the passage of the ADA reduced rather than increased employment opportunities for individuals with disabilities. To the extent this is true, it is crucial to credibly disentangle the different features of this complex and multi-faceted law. Separately evaluating the distinct aspects of the ADA is important not only for determining how the law might best be reformed if some aspects of it produce negative employment effects, but also for improving our understanding of the potential consequences of ADA-like provisions in race and other civil rights laws. This paper exploits state-level variation in pre-ADA legal regimes governing disability discrimination to separately estimate the employment effects of each of the ADA's two primary substantive provisions. We find strong evidence that the immediate post-enactment employment effects of the ADA are attributable to its requirement of "reasonable accommodations" for disabled employees rather than to its potential imposition of firing costs for such employees. Moreover, the pattern of the ADA's effects across states suggests that declining disabled employment after the immediate post-ADA period may reflect other factors rather than the ADA itself.

In “Physician Burnout Calls for Legal Intervention” (November-December 2019), Sharona Hoffman calls for a “requirement” in the form of a “mandate that health care employers measure physician wellness using the [Maslach Burnout Inventory] (or another reliable tool) and report outcomes to [the Centers for Medicare and Medicaid Services]” (p. 9). Such a requirement would be unlawful under the Americans with Disabilities Act’s rules on prohibited medical examinations of employees.

Sharona Hoffman’s response to my letter states “employers may require periodic job-related medical examinations of all employees ‘in positions affecting public safety.’ As I argued in my commentary, doctors, to whom patients entrust their health every day, have safety-critical jobs.”

This comparison is inapt. As Ilene N. Moore, Screening Older Physicians for Cognitive Impairment: Justifiable or Discriminatory, 28 HEALTH MATRIX 95, 140 (2018) recently explained: “any interpretation suggesting that that physicians are in a position affecting public safety is not supported by the statutory language of the ADA, the EEOC Enforcement Guidance, or EEOC correspondence. Only one federal law defines some physicians as public safety officers: physicians who serve as part of a public rescue squad or ambulance as defined by the Omnibus Crime Control and Safe Streets Act of 1968.” (internal citations omitted).

Harassment is endemic in Australian workplaces, alongside limited community understanding of either its gravity or its pervasiveness. Sexual and sex-based harassment are frequently (mis)understood as simply inappropriate behaviour rather than as part of a wider structural discrimination against women, thereby undermining its seriousness. In this submission to Australian Senate Education and Employment Committees, we focus on the proposed amendments to the Sex Discrimination Act. We argue that they are not enough to recognise and address harassment as a form of systemic discrimination against women, nor to realise the broader promise of women’s rights and substantive equality as set out in the Convention on the Elimination of All Forms of Discrimination Against Women [CEDAW].  We argue that the scope of SDA should not be limited by “practicability” considerations or restricted to only certain areas or public life. We also recommend that proposed amendments under the Bill should explicitly recognise that the creation of a ‘sexually hostile’ environment at work or in other areas of public life, through sexually explicit material and pornography for example, is a form of harassment, and part of wider structural discrimination against women. Systemic and structural social harms, such as harassment and other forms of discrimination against women, require systemic and structural changes. They should not be addressed via piecemeal legislative amendments limited to certain areas of public life, such as workplaces. Our submission emphasises the importance of a holistic approach in addressing harassment as a systemic problem, as part of wider structural discrimination against women.

Penultimate draft. Published version here:
https://www.lexisnexis.com.au/en/products-and-services/lexisnexis-journals/current-issues/australian-journal-of-labour-law-volume-30-part-3

Abstract:
This paper examines the challenge of finding an appropriate avenue and remedy for a claim of discrimination in the United States of America, in light of the previous papers in this issue considering the constraints that apply in Australia and other jurisdictions. While the array of possible avenues at state and federal levels is diverse, US judicial interpretations have at times been similarly restrictive to Australian interpretations, and in many ways our judiciary remains skeptical and ignorant of the lived experiences of discrimination victims. Yet on the whole, we in the United States have a well-developed system of potential remedial alternatives available to such workers, many of which can be used cumulatively rather than exclusively.

Walker-my daily inspiration for taking on the challenge of writing about race and racism. The following individuals and institutions were immensely helpful in my research of Latin American civil rights laws and realities: Angelo Falcon of the

Employment is both a need as well as the right to work for an individual. Persons with intellectual disabilities experience many barriers or challenges to secure and retain a stable remunerative job. The field of disability rehabilitation has minimally attempted to showcase or record appropriate models of employment and their ability to perform when given an opportunity. This theoretical article attempts to outlines the relative merits, demerits, problems, issues, challenges, and limitations involved in the various attempts to their employment in India. If there are sentiment-loaded opinions that such persons are incapable and, therefore, not to be burdened with work, others describe them as unexploited human capital with the right to work rthat has to be identified and respected. Each approach is defined, explained, illustrated, and discussed by focusing on the targeted persons with intellectual disabilities.

During the Reagan era, bashing affirmative action made good politics, but during the Reagan administration, it was very ineffective policy as the private sector firms for whom the conservatives advocated continued to pursue policies that increased the racial and gender diversity of their labor forces. These businesses did this for a variety of reasons, but mostly because it lowered costs.

South African labour law is forever evolving to address new issues in the modern workplace. One such new consideration is weight-based discrimination. With obesity increasing worldwide, it permeates every aspect of life, not least of which the workplace. A range of preconceived notions about the overweight and the obese often cause employers' appearance prejudices to influence their employment decisions and practices, as is evident from the numerous court decisions worldwide dealing with weight-based discrimination in employment. This article first deconstructs the concept of 'weight discrimination', and then investigates the possible status of weight as a ground of unfair discrimination in South Africa. Even though South Africa is among the three most overweight nations in the world, and the country's judicial forums have already had to deal with a number of cases involving elements of weight-related bias in the workplace, no specific legislation or other measure ex...

Freedom of speech and freedom of conscience and religion are essen-tial human rights which are protected, among others, by the ECHR. The number of the European Court of Human Rights’ decisions on wearing religious symbols (in a form of a Christian cross, a muslim veil or a headscarf) at work remains small. Nevertheless, some interpretation guidelines can be identified in particular on how to ensure that an interference with Article 9 of the 1950 Convention has to be proportionate and “neces-sary in a democratic society”. Owing to a lack of European-wide consensus on states’ approach to religion, a state exercises a wide margin of appreciation. Nevertheless, a sta-te always has to take into account rights of the others, in particular those who are de-pendent on (e.g. patience at hospital) employees or are prone to an impact of employees (e.g. pupils and students). Thus, dress codes confirming a secular nature and religious neutrality of a State not always violates Article 9 of the ECHR. Rules apply mainly to public bodies, but a state liability may also be found to private company’s cases. Details of each employment contract and of the employee’s conduct have to be always analysed. The dress code rules applied to man and women and irrespective to their religion, so the Court has not declared it to be discriminatory because of sex or religion of employees.

This paper addresses the shaping of diversity management in France using a neo-institutional perspective, through which non-discrimination in the workplace is viewed as an organizational field structured around the problem of discrimination and the challenge of diversity management. The analysis draws on the process approach, together with the institutional change model as an analytical framework. By analysing the conditions in France, the authors contribute to the understanding of how diversity management has been managed over time. They also show how the environmental context, the position of institutional entrepreneurs, practices and boundaries affect institutional dynamics in a given organizational field.

This paper examines the extent of gender wage gap and its determinants in urban labour market in India. The study finds that women's work is undervalued even in regular salaried jobs in India's urban labour market and female workers are getting substantially lower wages than their male counterpart in almost all sectors and occupations sub-categories despite controlling for differences in experience, education, geographical differences and other individual characteristics. When we disentangled the gender pay gap, we found that around two-thirds of the pay gap is attributed to pure labour market discrimination and only one-third is attributed to endowment difference. The extent of pay gap is higher at lower end of wage distribution which is primarily dominated by women from lower caste, Muslims and less skilled workers. The pay gap steadily declines towards higher end of wage distribution. This clearly indicates that there exists 'sticky floor' in India's urban labour market. Such persistent and high level of gender pay gap may pose a serious challenge on India's path to inclusive growth and achieving decent working conditions. Therefore, the paper calls for sustainable wage policy intervention to ensure fair treatment to workers, equal pay for work of equal value, social protection and social justice to workers and to promote decent work and inclusive growth in India.

INTRODUCTIONEquality of all citizens when it comes to exercising their rights, regardless of gender, race, color, national and social origin, political and religious belief, property and social status, is a fundamental value that is guaranteed by the Constitution of each country so as in the Republic of Macedonia. Besides the Constitution, equality is provided and regulated by other laws and international agreements which represent an integral part of the legal order of a state. Instances of discriminatory treatment are often ambiguous, but for policy makers to effectively combat discrimination, its targets first need to see that it takes place (Stroebel, Barreto, and Ellemers 2010). In other words, to eliminate discrimination and achieve equality at work, it is important to understand what it is that needs to be eliminated and how it can be done (Tomei 2003).According to the mentioned regulations, employees within the organization have the right to be treated justly in all matters ...

Postscript 1.1. 2015

The recent repeated killings of young black males (YBMs) in several American states, like Missouri, New York, Ohio, and California -almost all of them unarmed, except in Berkeley, Missouri, where police claims that the YBM pointed a gun at the policeman, before the latter fired on him and killed him (very unlikely, as that YBM was not found to have fired any shots at the policeman.  The gun may have been planted after the killing)-and the Grand Juries’ decisions not to even indict the killer cops, have sparked nationwide protests by the Blacks and their supporters, against such monstrous classist-racist injustices.  Blacks and their supporters are focusing on a single issue in these cases, that is, the racist police brutality and killings of Blacks with impunity. However, it is essential to also place these within the context of  political economy of the interactions of racism and classism in this society, and identify and understand the precise causes that are created by these interactions, which produce all the various classist and racist institutions, including those of the law enforcement agencies and the police departments.  The police departments are not alone in inflicting monstrous injustices and atrocities on the Blacks and other minorities, even though, these become glaring and become widely publicized, because of their very nature, and the large scale protests that these provoke among the victimized and oppressed communities in the country.  Incomparably larger numbers of professional, economic, and judicial injustices and atrocities are committed against the Blacks and other minorities by almost all the various public, private, government, judicial, and other institutions, also with impunity, in most cases.  This report concretely documents and analyzes the nature and causes of these sinister problems in this sinister classist and racist political economy, system, and society, illustrating these with specific examples of the USDA, EEOC, USDOJ, and the Federal Court system. 

Single issue foci cannot even make a dent, much less solve these colossal and complex problems.  Only when the single and individual issues and problems are comprehended in their accurate politico-economic and social context, the discovery of their real meanings, nature, causes, and solutions becomes possible. The powers-that-be and the status quo want to prevent this from happening at all costs, as their continued domination and control depend on the continuation of fragmentations and mutilations of and disconnections between various parts of reality, problems, and issues.  The single-issue approaches play right into their hands.

Blacks and other minorities are facing huge problems of multidimensional oppression, repression, discrimination, impoverishment, and criminalization in the classist-racist politico-economic structure of this society, as well as betrayal by the organizations and leaders that claim to represent their interests.  When these organizations and leaders are allowed to cross the class barriers and become part of the upper economic classes, they melt into that class structure and, both consciously and unconsciously, strive to preserve that classist status quo.  By doing that, objectively, they end up also preserving the racist status quo, whether they realize it or not.

At this stage of the developments, it is essential for the minorities to create new organizations, new leadership, new unities, new programs, new strategies and tactics, new strength and vigor-all on the basis of new insights, knowledge, and understanding of the classist and racist politico-economic structure, which objectively generates all the problems, issues, causes, and effects and that are then reflected, on the subjective level, in the mass psychologies and cultures of various institutions, as well as in the mass psychologies and cultures of various classes and races, in this society.                     

End of Postscript 1.1.2015

The following report was written on May 19, 1999, and copies were sent to the USDA and EEOC, which made them even more viciously hostile towards me.  I was forced to leave the US for a few years, but returned because of the US and NATO invasion of Afghanistan and related civil war and other conflicts on the Pakistan-Afghanistan border, where I had moved to.  On my return, the racist, politico-economic, and philosophical discriminatory destruction of my career continued unabated.  Not a finger was lifted to help me in my struggle for justice and fairness against the cross-institutional networks of the powerful giant bureaucracies of USDA, USDOJ, EEOC, and the Federal court system, the various officials of which collaborated with each other in a clone-like fashion.  I have added those experiences under “2013 additions to the report”, at the end of the 1999 Report, on pages 63 to 112.

The politico-economic and racist oppression and exclusion of and discrimination against the minorities, under the administration of the first so-called Black President of the US, Barack  Obama, not only continues unabated, but has actually worsened and increased.
USDA was forced into $3.5 billion settlements with hundreds of thousands of minority farmer for decades of discriminatory practices against them.  More details can be found under Item Numbers 4, 5, and 7 at the end of this report.

I feel as if I have landed on a Planet of the Demons.  Only the most wicked and evil demons can do what has been done to me here, in the “Home of the Brave”, and “Land of the Free”.  My own personal experience is a miniscule part of this country’s long diabolical history of genocides-starting with that of the Native Americans and theft of their whole country-, slavery of and discrimination against the Blacks and other minorities, constant invasions and robbery of the resources of numerous Third World countries-most recently of Afghanistan, Iraq, and Libya-, plunder of the resources of other nations through neocolonialism, globalization of classist and racist injustice and inequality, and transformation of Homo sapiens into Homo dollarus in its own territory, as well as globally.

One of the  fundamental causes of this demonic reality is the mass slavery to totalitarian capital and capitalism and, in the state of extreme alienation and reification, experiencing it as freedom, when, in fact, the whole individual being-mind, body, and soul-as well as the whole social being, are engulfed and regulated by the totalitarian capital.  Mass and individual human mental apparatus in such conditions becomes a reflection of the relations of capital and things and their alienated and alienating powers.  There is very little, if any, free and unalienated and unreified space left there.  The more developed capitalism is in a given society, the more predominant and engulfing this particular type of slavery is in that society.

Workplace discrimination continues to limit both the workforce participation and satisfaction of many Americans. Whereas many minority groups experience discrimination in the workplace, African Americans often experience the cumulative effects of multiple forms of discrimination. The levels of discrimination that African Americans face not only impede their ability to gain employment, but also negatively affect their career mobility. From traditional forms of discrimination based on race, gender, age and ability, to new forms of discrimination based on credit scores, appearance, criminal records and employment status, African Americans continue to disproportionately encounter structural barriers that restrict their participation in the workforce.

This study is an attempt to replicate and extend research on employment discrimination by A. P. Brief and colleagues (A. P. Brief, J. Dietz, R. R. . More specifically, the authors attempted (a) to constructively replicate the prior finding that an explicit measure of modern racism would interact with a corporate climate for racial bias to predict discrimination in a hiring context and (b) to extend this finding through the measurement of implicit racist attitudes and motivation to control prejudice. Although the authors were unable to replicate the earlier interaction, they did illustrate that implicit racist attitudes interacted with a climate for racial bias to predict discrimination. Further, results partially illustrate that motivation to control prejudice moderates the relationship between explicit and implicit attitudes. Taken together, the findings illustrate the differences between implicit and explicit racial attitudes in predicting discriminatory behavior.

age-based discrimination in employment for persons forty years of age or older. The law prohibits age discrimination in hiring, discharge, pay, promotions and other terms and conditions of employment. As part of the Fair Labor Standards Act, its application is to institutions with twenty or more employees and which affect interstate commerce. The standards for coverage parallel those of Title VII. 8 8 U.S.C. § 1101 et seq. Along with Title VII, the Immigration Reform and Control Act of 1986 prohibits discrimination against aliens. 9 42 U.S.C. Section 2000ff et seq.

In many parts of India, women and some men from particular communities considered lower caste still collect human waste from homes, community toilets, open defecation areas, and drains on a daily basis, load it into cane baskets or metal troughs, and carry it away on their heads for disposal at the outskirts of the settlement. “Manual scavenging,” as it is called, is a centuries-old custom, enforced locally, that requires people of certain caste groups to collect and remove human excrement from unsanitary defecation facilities.

The Indian government for decades has enacted laws to end this practice. Most recently, The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, outlaws all forms of manual scavenging, and requires state authorities to provide alternate livelihoods and other assistance.

Manual scavenging persists because both the central and state governments have failed to protect manual scavenging communities from threats of displacement and violence when they attempt to leave this practice, and to help them enter the labor market. Instead, authorities at the local level often help perpetuate the practice. Women are often still compelled to continue this work for no wages, just access to food and community resources.

Cleaning Human Waste, based on more than 135 interviews conducted by Human Rights Watch in the Indian states of Gujarat, Madhya Pradesh, Maharashtra, Rajasthan, and Uttar Pradesh—documents the negative. impact of manual scavenging on people’s lives, and details the reasons it persists and the barriers that prevent communities from finding other work. We examine previous failures and gaps in the implementation of laws to end manual scavenging, and provide recommendations to make the 2013 Act lastingly effective.

This manual was created in the context of the “DIONE” project for the main purpose of empowering current and future working mothers by providing basic information and guidelines with respect to their labour rights and addressing incidents of dismissal or discrimination on grounds of pregnancy or maternity. This manual is also a useful tool for professional bodies that offer support (counselling, psychological, legal, ancillary) services to working or dismissed women as well as employers and human resource managers, who wish to enhance their knowledge on this issue.

Disclaimer:
This publication was prepared with the financial support of the Rights, Equality and Citizenship (REC) Programme of the European Union. The contents of this publication are the sole responsibility of author and can in no way be taken to reflect the views of the European Commission.

The websites of many physician health programs provide lists describing signs of impairment or indications to refer physician-employees for evaluation and possible treatment. This study aimed (1) to determine how many of these descriptions likely provide physicians' employers with sufficient evidence to legally request mental health examinations under the general regulations of the Americans with Disabilities Act (ADA); and (2) to find out who they described. The authors applied US Equal Employment Opportunity Commission guidance documents and sought expert legal advice to evaluate the descriptions for their consistency with the ADA. They used directed content analysis to review and code these descriptions into categories. Very few, if any, of the 571 descriptions appeared to provide sufficient evidence for employers to request an examination under the ADA. About 14%, however, could refer to physicians attempting to defend themselves, assert their ADA rights, or otherwise complain about the hospital; and 27% either described physicians who complain or else had discriminatory effects in one of several different ways. Leaders within the medical field should ensure that their policies and state laws pertaining to physician impairment comply with and incorporate the language of the ADA. They should also reevaluate the functions of these policies, laws, and physician health programs, and the implications for patient safety, physician wellness, suicide, and other important issues.

We review the empirical literature in economics on discrimination in the labor market and criminal justice system, focusing primarily on discrimination by race. We then discuss theoretical models of taste-based discrimination, particularly models of frictional labor markets and models of statistical discrimination, including recent work on invalid statistical discrimination. We explore and evaluate the evidence for and against these theories. Although there is substantial evidence of the existence of discrimination, little is known about the extent to which disparities are driven by discrimination. Finally, we argue that economists miss the important self-enforcing relationship between disparities and discrimination and the effect of disparities in one domain on discrimination in other domains.

Produced in partial fulfilment of LLM in Law of Employment Relations at the University of Leicester.

Explored whether disabled employees were protected by the DDA 1995 by examining the hurdles faced by disabled employees in the pursuance of disability discrimination claims against their employers.  I argued that DDA 1995 failed to address in sufficient depth the various barriers that confront disabled employees and that many disabled employees find themselves excluded from the scope of the DDA 1995 for three reasons: (1) they are unable to prove that they are ‘disabled’; (2) they are unable to meet the requirements for each discrimination provision; and (3) they are unable to enforce their rights through the limited enforcement mechanisms available.

To date, distinct and separate literatures have emerged in the field of critical approaches to diversity management, resulting in a fragmented view of the overall endeavour and in an ensuing ambiguity about the key determinants of a critical approach. Despite the abundant extant literature on critical diversity approaches, there is a relative paucity of research on perspectives that summarize and synthesize the core elements of these critical approaches.
    Accordingly, the differences observed across these distinct streams of research suggest that such an attempt to review the disparate literature is likely to yield helpful insights as to the very nature of the main constituents of an overall critical endeavour. Taken for granted that the high conceptual, methodological and epistemological heterogeneity of such distinct theoretical streams renders any attempt to adopt an integrative perspective almost unfeasible, we advanced insights originating in such bodies of research that are in a position to reassess diversity policies, strategies and initiatives through the lenses of alternative, non-mainstream paradigms.
    The book suggests that critical, as well as more holistic management philosophies are in a position to develop diversity initiatives that combine performance with an affirmation of the value of the diverse other.

Objective: to analyze the relationship of perceived and feared discrimination with general health in LGBT+ people according to schooling level, gender identity and socioeconomic level. Method: a cross-sectional and correlational study was conducted. The sample consisted of 120 participants of legal age from the Maule region (Chile) who belonged to the LGBT+ community and answered an online survey due to the SARS-CoV-2 pandemic. The survey also included an open question for the participants to share discrimination experiences regarding the treatment received from the Nursing personnel. The quantitative data were examined by means of descriptive and inferential analyses (means difference and correlation tests). The results extracted were analyzed following the thematic and discursive analysis techniques. Results: although perceived discrimination had low prevalence in the sample, 44.17%, 38.33% and 32.51% manifested fear of not being loved, of not finding a job and of being rejected by their family for being part of the LGBT+ community, respectively. Likewise, discrimination was higher in the group of trans people and was mainly reflected in unjustified dismissals, difficulties finding a job or ill-treatment in the provision of health services. Finally, it was found that the participants exposed to more discrimination also reported worse general health. Conclusions: discrimination is a problem that affects the LGBT+ community, particularly the trans collective. The severe implications of discrimination for people's health evidence the need to design strategies, policies and regulations aimed at fostering tolerance and integration. DESCRIPTORS: Gender analysis in health. Social discrimination. Health. Sex and gender minorities. Nursing care.

This report presents the findings of an EQUAL funded study into the employment experiences of black minority ethnic (BME) individuals living across rural north Wales. It investigates the effects of rurality and social isolation on the opportunities and
experiences of BMEs within the labour market and maps the demographic characteristics of this sample population, highlighting barriers to employment.

The research placed particular emphasis on;
· BME views on their local neighbourhood
· How BMEs access employment opportunities
· Barriers to employment opportunities

Key Issues Arising from the Research
Rural racism was identified as being a main barrier for BMEs. Respondents reported that they felt they often faced discrimination based on their appearance, ethnicity or name.

Participants also reported feeling isolated from their community and the local employment market. Many BMEs did not access local employment services when looking for work as they felt the service they received was inappropriate.

Interviews with employment service providers highlighted an apparent lack of understanding that the term BME referred to the settled community not just migrant workers. A proportion of those interviewed mentioned that not many BMEs accessed
their services. However, no employment service provider appeared to be curious to find out why BMEs did not access their services.

BMEs are identified as being a target group for employment initiatives, yet there is little in the way of BME specific employment initiatives in north Wales. Furthermore those
living in rural areas are especially neglected.

Women continue to be in charge of most childrearing; men continue to be responsible for most breadwinning. There is no consensus on whether this state of affairs, and the informal norms that encourage it, are matters of justice to be tackled by state action. Feminists have criticized political liberalism for its alleged inability to embrace a full feminist agenda, inability explained by political liberals' commitment to the ideal of state neutrality. The debate continues on whether neutral states can accommodate two feminist demands: to enact policies aimed at dismantling the feminization of caregiving, especially childrearing, and to compensate women for some of the disadvantages they incur by being primary care-givers. I contribute to this debate with three arguments in support of policies meant to de-gender care-giving and compensate care-givers. The first appeals to equality of opportunity to positions of advantage and justifies policies that prevent or mitigate statistical discrimination and implicit biases. The second draws attention to a possible causal relationship between the specialization of women in early childcare and misogyny; since the latter is incompatible with political liberal justice, it yields the conclusion that political liberals ought to further investigate the causal hypothesis with the aim of establishing or refuting it. The third argument concludes that legitimate childrearing prohibits adults from socializing children or, at least girls, into gender norms; it justifies duties of justice on the side of parents, educators, and economic agents, and state policies meant to offset foreseeable breaches of some of these duties.

On December 5, 2020, after winning the 2020 United States Presidential Election and while speaking in Wilmington, Delaware, President-Elect Joe Biden told supporters and reporters a coronavirus vaccine mandate would not be necessary during his administration. Fast-forward nine months later and the Biden Administration unveils President Biden's COVID-19 Action Plan: Path Out of The Pandemic, which includes requiring all employers with 100+ employees to ensure their workers are vaccinated or receive weekly testing, requiring vaccinations for all federal workers and millions of contractors who work with the government, and requiring vaccinations for over 17 million health care workers at Medicare and Medicaid participating hospitals and other health care settings, among more.

Purpose-The article aims to provide a discussion of societal norms concerning "attractiveness," the existence of appearance discrimination in employment, the presence of "preferring the pretty", and then the authors examine important civil rights laws that relate to such forms of discrimination. Finally, the authors apply ethical theories to determine whether such discrimination can be seen as moral or immoral. Design/methodology/approach-It is a legal paper which covers all the laws related to discrimination based on look. Court cases and Americans laws related to this concept are reviewed and critically discussed. Findings-The paper finds that appearance-based discrimination is not illegal in the USA so long as it does not violate civil rights laws. Research limitations/implications-This research is limited to Federal and State laws in the USA and may not be relevant in other countries as the local laws might vary. Practical implications-Managers and employees can protect themselves in the workplace from illegal discriminatory practices. Social implications-Employees know their rights and enhance their understanding of laws related to appearance, attractiveness, and why companies look to hire those who are considered "handsome", "pretty" and "beautiful".

In 2017, a National Task Force on Lawyer Well-Being comprised mostly of representatives from lawyer assistance programs (LAPs) issued a report recommending “modify[ing] the rules of professional conduct to endorse well-being as part of a lawyer’s duty of competence.” This Article evaluates one of the premises underlying the report’s recommendations: “[t]o be a good lawyer, one has to be a healthy lawyer.” A review of medical studies and evidence offered by LAPs and others in support of these claims indicates that there is no empirical evidence that substance use and other mental health disorders “are leading causes of malpractice suits and ethical disciplinary actions against attorneys.” Further, medical evidence strongly suggests that many lawyer well-being interventions currently being proposed offer little to no mental health benefits and are more likely to prevent than encourage treatment engagement.

This Article then evaluates professional well-being (or wellness) policies, communications, and ideology, focusing specifically on discrimination based on mental health disorders and disabilities. It contends that lawyer well-being policies and communications are likely to result in biased appraisals of lawyers under the American Bar Association’s Model Rules of Professional Conduct 1.1, 1.16(a)(2), and 8.3(a), and act as a subterfuge for violating the Americans with Disabilities Act. It also discusses the potential for well-being policies to create and sustain hierarchy, and result in discretionary systems of discipline and social control over the private conduct of legal employees. Finally, it concludes with recommendations to reinforce the employment rights of legal employees; eliminate the role of LAPs and associated entities in providing education about mental health and well-being; improve protections from unwarranted mental health inquiries and evaluations; and reject lawyer well-being policies and derogatory rhetoric that put people with mental health disorders and disabilities down.

A mixed-methods secondary data analysis was conducted using the 2008 California Transgender Economic Health Survey (N = 646). Research questions were: What barriers to employment do members of the trans and GNC community perceive they face? How do gender identity, presentation, conformity and passing/blending impact discrimination in the workplace? Who is most likely to experience workplace discrimination and unemployment? What are the potential consequences of being out at work? Who is mostly likely to experience particular types of workplace discrimination? Respondents reported overt discrimination, lack of legal protections and employee training, employer fears and exclusion as intersubjective experiences, beliefs and anticipatory fears. Most respondents (67%) experienced some form of discrimination. FtMs experienced privacy breach and misgendering while MtFs experienced a wider variety of discrimination types. Protective factors included passing/blending, higher income, increased age, and being White. Injurious factors included being out to co-workers and needing help with changing IDs.

The Postscript for the series on the emerging field of Cognition History (and Cognition Sociology). The Postscript applies the lessons from the three essays on Cognition History and Sociology to the current practice of the Australian Employment Industry, and as framed by unintelligent government policy; lacking in an understanding of the Cognition History and Sociology.

This paper investigates the commonly held view that residents of Brazilian
slums in the city of Rio de Janeiro (locally called favelas) experience systematic
discrimination due to their neighborhood of residence. First, I decompose wage
differentials between favela and non-favela residents into one portion that is
explained by productivity and demographic characteristics and one that could
possibly be interpreted as direct neighborhood-based discrimination. Then, I
conduct a resume audit field experiment to test the discrimination hypothesis.
One thousand resumes were randomly assigned to neighborhood treatment
groups and sent to job postings from Rio de Janeiro classifieds between October
and December of 2013. I find no overall differences in callback rates between
favelas and non-favelas, suggesting that widespread neighborhood-based
discrimination—at least for the types of low and middle-skill level jobs applied
for and in this part of the hiring process—is not likely to be at play. However, I
observe a strongly significant effect in the North zone of the city, where the
sampled non-pacified favela received considerably fewer callbacks than both
nearby pacified favela and the non-favela neighborhoods; this effect is
significantly larger for jobs that require the handling of money and/or
documents. This gives credence to anecdotal evidence of neighborhood-based
discrimination in the city and supports a trust-based explanation of cases of
discrimination against favela residents. Nevertheless, the overall findings
provide encouraging evidence that systematic neighborhood-based labor market
discrimination is not likely to be a significant cause of poverty traps in this
context. Furthermore, these results provide some indication that the local favela
pacification program could be contributing to the diminishment of a perverse
cultural institution within a considerably short period of time.

Civil rights experts consider the acceptance of homosexuality as the last frontier of social diversity. This issue has been met with great resistance by individuals and groups whose justification range from political to religious beliefs. One area of significant importance and controversy is sexual orientation discrimination in employment. According to The Business Review (May 21, 2001), more than a quarter of gay men and lesbians in New York reported being verbally harassed at work in the last five years due to their sexual orientation . The survey of 1891 respondents revealed that 27 % were verbally harassed, 8% had been fired, 12 % claimed were denied a promotion and 7% stated they had been physically harassed. According to an American Civil Liberties (ACLU) publication in May 2000, “employment discrimination is the most common complaint received by the ACLU from gays and lesbians.”

This article examines the legal, ethical, practical ramifications of discrimination in the workplace based on sexual orientation and gender identity. The authors discuss discrimination in the workplace covering 1) federal law, arising from statutes, executive orders, and case law,as well as proposed federal statutory law, 2) state law, and 3) local government law. The article also examines certain contractually based company policies covering discrimination against sexual orientation and gender identity. Questions of morality and ethics are never far removed from debates about expanding the rights of gay, lesbian, bisexual, sexually transitioning, and transgender people. Accordingly, this article provides an ethical analysis of expanding employment protections based on sexual orientation and gender identity. The authors will discuss the practical implications for employers based on the current state of sexual orientation discrimination law; and finally, based on the legal and ethical analysis furnished herein, the authors will make appropriate recommendations to employers. Amending Title VII of the Civil Rights Act to encompass protection against discrimination against gay, lesbian, bisexual, sexually transitioning, and transgender individuals will ensure that all people have equal access to the same employment opportunities, benefits, and protections, as well as fair and unbiased treatment in the employment environment. In order to achieve the goals of fair and equal treatment, as well as to promote diversity, inclusion, and mutual understanding and respect, all employees must have the full protection of civil rights law.