What can diversity management offer those concerned with ethnic inequality, racial discrimination, and issues of social and economic inclusion and exclusion? In this book John Wrench traces the ...emergence of diversity management in the US in the late 1980s, and explores its subsequent development in Europe. He outlines the various critiques of diversity management that have been suggested both by academics and equality activists and highlights recent issues and trends that should be monitored by those concerned with racial and ethnic equality in employment. In particular, Wrench examines whether diversity management can be seen as a ’soft option’ in terms of combating racism and discrimination, or instead, a new way of mainstreaming anti-discrimination measures. He also addresses the important question of whether the development of diversity management in Europe will follow a relatively uniform trajectory because of common demographic, economic and market pressures, or whether the historical, cultural and institutional differences which exist between EU countries, and between the EU and the US, will have a determining impact on the adoption, content and operation of this particular management practice.
The need to analyse labour market mechanisms in post-industrial Western societies is urgent. Despite laws and policy measures being developed at the European, national and local levels, job-seeking ...immigrants and ethnic minorities still suffer unequal access and ethnic discrimination. This volume endeavours to understand why. Four chapters dealing with discrimination, gender, equity policies and diversity management present a lively discussion of the current scientific debate. Besides providing empirical evidence, the authors recommend methods for conducting further research in the field and evaluate the actual effects of discrimination-combating policies. One conclusion is that systematic analysis of the labour market and its subsequent equity policies must be supported by hard data, such as statistics. With its state-of-the-art scope and unique thematic exploration, this volume transfers knowledge from social science studies to a more operational realm. From here, both scholars and practitioners can help make equal opportunities more accessible than ever.
De noodzaak om de arbeidsmarkt mechanismen in postindustriële westerse samenlevingen te analyseren is urgent. Ondanks wetten en beleidsmaatregelen die op Europees, nationaal en lokaal niveau worden ontwikkeld, lijdt het zoeken van werk door immigranten en etnische minderheden nog steeds onder ongelijke toegang tot de arbeidsmarkt en etnische discriminatie. In dit boek proberen de auteurs te begrijpen waarom dit zo is. In vier hoofdstukken over discriminatie, gender, eigen beleid en diversiteitmanagement presenteren de auteurs de levendige discussie rond het huidige wetenschappelijke debat. Naast het verstrekken van empirisch bewijs, bevelen de auteurs methoden aan om verder onderzoek te verrichten en de werkelijke effecten van de bestrijding van discriminatiebeleid te evalueren. Een conclusie is dat de systematische analyse van de arbeidsmarkt en het daaropvolgende eigen beleid moet worden ondersteund door harde gegevens, zoals statistieken. Met zijn reikwijdte en unieke thematische exploratie, kennis van sociaalwetenschappelijk onderzoek beoogt dit boek een verschuiving te laten plaatsvinden naar het meer operationele domein. Zowel wetenschappers en professionals krijgen hierdoor de mogelijkheid het streven naar gelijke kansen meer bereikbaar te maken dan ooit.
This paper focuses on data collection and research methods on ethnic/racial discrimination, and more particularly on the question of 'ethnic statistics'. Taking the case of the European Union's ...Agency for Fundamental Rights (FRA), an international body whose tasks include providing European overviews of data on discrimination, the paper addresses the problem of the comparability of discrimination data. Drawing upon the experience of the FRA, the paper describes how the problem of comparability is addressed by working at three levels: the first is to produce reports mapping available data, highlighting gaps, and explaining when and why data are not comparable. The second is to initiate primary research - such as the EU-MIDIS survey of migrants and minorities - specifically designed to produce comparable data. The third level is to contribute to political and policy discussion to help raise awareness of the need for convergence in data collection practices between EU member states.
The need to analyse labour market mechanisms in post-industrial Western societies is urgent. Despite laws and policy measures being developed at the European, national and local levels, job-seeking ...immigrants and ethnic minorities still suffer unequal access and ethnic discrimination. This volume endeavours to understand why. Four chapters dealing with discrimination, gender, equity policies and diversity management present a lively discussion of the current scientific debate. Besides providing empirical evidence, the authors recommend methods for conducting further research in the field and evaluate the actual effects of discrimination-combating policies. One conclusion is that systematic analysis of the labour market and its subsequent equity policies must be supported by hard data, such as statistics. With its state-of-the-art scope and unique thematic exploration, this volume transfers knowledge from social science studies to a more operational realm. From here, both scholars and practitioners can help make equal opportunities more accessible than ever. This title is available in the OAPEN Library - http://www.oapen.org.
The European Court of Human Rights' 2018 decision in E.S. v. Austria upheld an Austrian court's conviction based on "disparaging religious doctrine." The Court took this opportunity to reaffirm ...problematic, decades-old precedent, while creating new contradictions in its analysis of free expression claims. Despite the EU's modern opposition to the criminalization of blasphemy, E.S. v. Austria in effect sends a contradictory message. This Comment explores the roots of the Court's struggle to find an appropriate balance between the values of religious tolerance and freedom of expression, analyzes the Court's recent decision, and suggests future paths to recalibrate the Court's approach to these two fundamental rights.
This article looks at the responses of European trade unions to EU legislation against racial discrimination. Previous research has revealed great variety between EU countries in the nature and ...extent of union responses to immigration and issues of racial discrimination. However, the EU Racial Equality Directive, adopted in 2000, has become a factor for potential convergence in trade union policies in this field. All EU countries now have in place legislation forbidding racial discrimination in employment, and for some this has been an entirely new development. The article draws on research by two EU agencies – the European Foundation for the Improvement of Living and Working Conditions and the EU Agency for Fundamental Rights – carried out 14 years apart, covering all EU Member States. Their research throws light on the differences that exist between EU Member States in trade unions’ awareness of, and receptiveness to, the Racial Equality Directive, as well as on changes in union attitudes and policies that have occurred since the 1990s.
Substantive due process requires courts to invalidate legislation that either furthers an illegitimate government interest or adopts irrational and urhilrars means to achieve an otherwise legitimate ...end. Some of the dextrin's skeptics. however suggest that courts are ill-suited to engage in the fact-driven inquiry necessary to identify laws that violate the means-ends test, This article argues that this critique of substantive due process is unconvincing in light of judicial experience.
Has technology outrun the international law governing outer space? This dilemma presents itself as private entities become capable of space travel and new technology makes asteroid mining a reality. ...Although the Outer Space Treaty’s “non-appropriation” principle prohibits nations from claiming sovereignty over space bodies, that restriction does not prevent resource extraction. The non-appropriation principle, interpreted alongside existing legal regimes, distinguishes between forbidden appropriation and permissible extraction. Consequently, the non-appropriation principle is most accurately viewed as a flexible premise from which the international community is free to fashion unique laws governing resource extraction in outer space.
In NIFLA v. Becerra, the Supreme Court unambiguously repudiated the professional-speech doctrine and reaffirmed that expression is entitled to full First Amendment protection regardless of whether ...the speaker is a "professional." The Court's reasoning is grounded in longstanding precedent and settled free speech doctrine, although critics might suggest otherwise. These disagreements about precedent are clearly important, but the Court's ongoing normative debates regarding the role of free speech deserve more attention. This article describes the outsized role normative considerations have played in determining the direction of cases involving professional speech pre-NIFLA. It also outlines the free speech analysis required post-NIFLA and assesses whether lower courts have held accordingly or gone astray at particular points in their analyses. Lastly, this article identifies questions left unresolved in the wake of NIFLA and sketches expected areas for future litigation.
Is diversity management the new tool to combat discrimination in employment, and how is it seen by both employers and union activists? A trend that began in North America, it is now being ...increasingly incorporated in European businesses. How it relates to equal opportunities, positive action and the priority given to combating racial discrimination in the workplace is closely analysed here. Attractive to employers, it can be a means of evading hard choices about equality and justice at work.