Indirect Discrimination

Author : Bart Custers
Publisher : Springer Science & Business Media
ISBN 13 : 3642304877
Total Pages : 370 pages
Book Rating : 4.73/5 ( download)

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Download or read book Discrimination and Privacy in the Information Society written by Bart Custers and published by Springer Science & Business Media. This book was released on 2012-08-11 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vast amounts of data are nowadays collected, stored and processed, in an effort to assist in making a variety of administrative and governmental decisions. These innovative steps considerably improve the speed, effectiveness and quality of decisions. Analyses are increasingly performed by data mining and profiling technologies that statistically and automatically determine patterns and trends. However, when such practices lead to unwanted or unjustified selections, they may result in unacceptable forms of discrimination. Processing vast amounts of data may lead to situations in which data controllers know many of the characteristics, behaviors and whereabouts of people. In some cases, analysts might know more about individuals than these individuals know about themselves. Judging people by their digital identities sheds a different light on our views of privacy and data protection. This book discusses discrimination and privacy issues related to data mining and profiling practices. It provides technological and regulatory solutions, to problems which arise in these innovative contexts. The book explains that common measures for mitigating privacy and discrimination, such as access controls and anonymity, fail to properly resolve privacy and discrimination concerns. Therefore, new solutions, focusing on technology design, transparency and accountability are called for and set forth.

Author : Hugh Collins
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912533
Total Pages : 461 pages
Book Rating : 4.37/5 ( download)

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Download or read book Foundations of Indirect Discrimination Law written by Hugh Collins and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies. Cited by Justice Miller in R v Sharma, 2020 ONCA 478, Court of Appeal for Ontario, 24 July 2020; by Justice Abella in Fraser v Canada (Attorney General), 2020 SCC 28, Supreme Court of Canada, 16 October 2020; and by Justice Chandrachud in Nitisha v Union of India, WP(C) No-001109 - 2020, Supreme Court of India, 25 March 2021.

Author : Rosita Fibbi
Publisher : Springer Nature
ISBN 13 : 3030672816
Total Pages : 105 pages
Book Rating : 4.12/5 ( download)

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Download or read book Migration and Discrimination written by Rosita Fibbi and published by Springer Nature. This book was released on 2021-04-08 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access short reader provides a state of the art overview of the discrimination research field, with particular focus on discrimination against immigrants and their descendants. It covers the ways in which discrimination is defined and conceptualized, how it is measured, how it may be theorized and explained, and how it might be combated by legal and policy means. The book also presents empirical results from studies of discrimination across the world to show the magnitude of the problem and the difficulties of comparison across national borders. The concluding chapter engages in a critical discussion of the relationship between discrimination and integration as well as pointing out promising directions for future studies. As such this short reader is a valuable read to undergraduate students, as well as graduate students, scholars, policy makers and the general public.

Author : Kasper Lippert-Rasmussen
Publisher : Routledge
ISBN 13 : 1317400755
Total Pages : 1020 pages
Book Rating : 4.52/5 ( download)

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Download or read book The Routledge Handbook of the Ethics of Discrimination written by Kasper Lippert-Rasmussen and published by Routledge. This book was released on 2017-08-23 with total page 1020 pages. Available in PDF, EPUB and Kindle. Book excerpt: While it has many connections to other topics in normative and applied ethics, discrimination is a central subject in philosophy in its own right. It plays a significant role in relation to many real-life complaints about unjust treatment or unjust inequalities, and it raises a number of questions in political and moral philosophy, and in legal theory. Some of these questions include: what distinguishes the concept of discrimination from the concept of differential treatment? What distinguishes direct from indirect discrimination? Is discrimination always morally wrong? What makes discrimination wrong? How should we eliminate the effects of discrimination? By covering a wide range of topics, and by doing so in a way that does not assume prior acquaintance, this handbook enables the reader to get to grips with the omnipresent issue. The Routledge Handbook of the Ethics of Discrimination is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors the handbook is divided into six main parts: • conceptual issues • the wrongness of discrimination • groups of ‘discriminatees’ • sites of discrimination • causes and means • history of discrimination. Essential reading for students and researchers in applied ethics and political philosophy the handbook will also be very useful for those in related fields, such as law, sociology and politics.

Author : Christa Tobler
Publisher : Intersentia nv
ISBN 13 : 9050954588
Total Pages : 540 pages
Book Rating : 4.87/5 ( download)

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Download or read book Indirect Discrimination written by Christa Tobler and published by Intersentia nv. This book was released on 2005 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated habilitation thesis, submitted in 2003 to the Law Faculty of the University of Basel, analysing indirect discrimination in a broad and comparative context. Focuses on the development of the legal concept in EC law and its application in a great number of areas, including internal taxation of goods, freedom of establishment, sex equality, etc. Discusses demarcation issues between direct and indirect discrimination, and applying the concepts in concrete cases.

Author : Tarunabh Khaitan
Publisher : OUP Oxford
ISBN 13 : 0191066389
Total Pages : 272 pages
Book Rating : 4.82/5 ( download)

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Download or read book A Theory of Discrimination Law written by Tarunabh Khaitan and published by OUP Oxford. This book was released on 2015-05-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.

Author : Rosemary Hunter
Publisher : Wm Gaunt & Sons
ISBN 13 : 9781862870895
Total Pages : 334 pages
Book Rating : 4.96/5 ( download)

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Download or read book Indirect Discrimination in the Workplace written by Rosemary Hunter and published by Wm Gaunt & Sons. This book was released on 1992 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: An employer's apparently neutral policies and practices may, perhaps accidentally, certainly unreasonably, exclude women or minority applicants or employees: this is unlawful discrimination.A host of traditional employment practices have been found to fall into this category - height and weight requirements, a last-on-first-off policy, job mobility conditions, even a bus ticketing system; all have fallen foul of equal opportunity legislation.This indirect discrimination legislation is complex and in places highly technical. Its impact and potential is little understood. Rosemary Hunter comprehensively analyses the legislation, State and Federal, private sector and public.She refers extensively to the large body of practice which has grown up in the United States and the United Kingdom. She includes numerous worked examples to show the factual situations which arise and discusses what "legally defensible" employment procedures may involve.

Author : Chris Ronalds
Publisher : Federation Press
ISBN 13 : 186287882X
Total Pages : 305 pages
Book Rating : 4.22/5 ( download)

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Download or read book Discrimination Law and Practice written by Chris Ronalds and published by Federation Press. This book was released on 2012-07-02 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal textbook on the practical application of Australian discrimination law is suitable for all involved in this branch of the law – lawyers, business people, human resources and industrial relations staff, advocates and students. Discrimination Law and Practice examines important recent cases in key areas of discrimination law and particularly in all aspects of employment and harassment, the provision of goods and services and education.

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309091268
Total Pages : 335 pages
Book Rating : 4.68/5 ( download)

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Download or read book Measuring Racial Discrimination written by National Research Council and published by National Academies Press. This book was released on 2004-07-24 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.

Author : Hugh Collins
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912568
Total Pages : 304 pages
Book Rating : 4.68/5 ( download)

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Download or read book Foundations of Indirect Discrimination Law written by Hugh Collins and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies.