This book aims to map the diversity of meanings of gender equality across Europe and reflects on the contested concept of gender equality. In its exploration of the diverse meanings of gender ...equality it not only takes into account the existence of different visions of gender equality, and the way in which different political and theoretical debates crosscut these visions, but also reflects upon the geographical contexts in which visions and debates over gender equality are located. The contextual locations where these visions and debates take place include the European Union and member states such as Austria, the Netherlands, Hungary, Slovenia, Greece, and Spain. In all of these settings, the different meanings of gender equality are explored comparatively in relation to the issues of family policies, domestic violence, and gender inequality in politics, while specific national contexts discuss the issues of prostitution (Austria, Slovenia), migration (the Netherlands), homosexual rights (Spain), and antidiscrimination (Hungary). The multiple meanings of gender equality are studied through Critical Frame Analysis, a methodology that builds on social movement theory and that was refined further with elements of gender and political theory within the context of the MAGEEQ research project
In 1991, Anita Hill's testimony during Clarence Thomas's Senate confirmation hearing brought the problem of sexual harassment to a public audience. Although widely believed by women, Hill was defamed ...by conservatives and Thomas was confirmed to the Supreme Court. The tainting of Hill and her testimony is part of a larger social history in which women find themselves caught up in a system that refuses to believe what they say. Hill's experience shows how a tainted witness is not who someone is, but what someone can become.
Why are women so often considered unreliable witnesses to their own experiences? How are women discredited in legal courts and in courts of public opinion? Why is women's testimony so often mired in controversies fueled by histories of slavery and colonialism? How do new feminist witnesses enter testimonial networks and disrupt doubt?Tainted Witnessexamines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness. Judgment falls unequally upon women who bear witness, as well-known conflicts about testimonial authority in the late twentieth and early twenty-first centuries reveal. Women's testimonial accounts demonstrate both the symbolic potency of women's bodies and speech in the public sphere and the relative lack of institutional security and control to which they can lay claim. Each testimonial act follows in the wake of a long and invidious association of race and gender with lying that can be found to this day within legal courts and everyday practices of judgment, defining these locations as willfully unknowing and hostile to complex accounts of harm. Bringing together feminist, literary, and legal frameworks, Leigh Gilmore provides provocative readings of what happens when women's testimony is discredited. She demonstrates how testimony crosses jurisdictions, publics, and the unsteady line between truth and fiction in search of justice.
In 1964, as part of its landmark Civil Rights Act, Congress outlawed workplace discrimination on the basis of such personal attributes as sex, race, and religion. This provision, known as Title VII, ...laid a new legal foundation for women's rights at work. Though President Kennedy and other lawmakers expressed high hopes for Title VII, early attempts to enforce it were inconsistent. In the absence of a consensus definition of sex equality in the law or society, Title VII's practical meaning was far from certain.
The first history to foreground Title VII's sex provision,Equality on Trialexamines how the law's initial promise inspired a generation of Americans to dispatch expansive notions of sex equality. Imagining new solidarities and building a broad class politics, these workers and activists engaged Title VII to generate a pivotal battle over the terms of democracy and the role of the state in all labor relationships. But the law's ambiguity also allowed for narrow conceptions of sex equality to take hold. Conservatives found ways to bend Title VII's possible meanings to their benefit, discovering that a narrow definition of sex equality allowed businesses to comply with the law without transforming basic workplace structures or ceding power to workers. These contests to fix the meaning of sex equality ultimately laid the legal and cultural foundation for the neoliberal work regimes that enabled some women to break the glass ceiling as employers lowered the floor for everyone else.
Synthesizing the histories of work, social movements, and civil rights in the postwar United States,Equality on Trialrecovers the range of protagonists whose struggles forged the contemporary meanings of feminism, fairness, and labor rights.
Tort law is the body of law governing negligence, intentional misconduct, and other wrongful acts for which civil actions can be brought. The conventional wisdom is that the rules, concepts, and ...structures of tort law are neutral and unbiased, free of considerations of gender and race.In The Measure of Injury, Martha Chamallas and Jennifer Wriggins prove that tort law is anything but gender and race neutral. Drawing on an in-depth analysis of case law ranging from the Jim Crow South to the 9/11 Victim Compensation Fund, the authors demonstrate that women and minorities have been under-compensated in tort law and that traditional biases have resurfaced in updated forms to perpetuate patterns of disparate recovery based on race and gender. Grappling with tort theory, the intricacies of legal doctrine and the practical effects of legal rules, The Measure of Injury is a unique treatise on torts that uncovers the public and cultural dimensions of this always-controversial domain of private law.
Between its founding in 1966 and its formal end in 1980, the Black Panther Party blazed a distinctive trail in American political culture. The Black Panthers are most often remembered for their ...revolutionary rhetoric and militant action. Here Alondra Nelson deftly recovers an indispensable but lesser-known aspect of the organization's broader struggle for social justice: health care. The Black Panther Party's health activism-its network of free health clinics, its campaign to raise awareness about genetic disease, and its challenges to medical discrimination-was an expression of its founding political philosophy and also a recognition that poor blacks were both underserved by mainstream medicine and overexposed to its harms.
Drawing on extensive historical research as well as interviews with former members of the Black Panther Party, Nelson argues that the Party's focus on health care was both practical and ideological. Building on a long tradition of medical self-sufficiency among African Americans, the Panthers' People's Free Medical Clinics administered basic preventive care, tested for lead poisoning and hypertension, and helped with housing, employment, and social services. In 1971, the party launched a campaign to address sickle-cell anemia. In addition to establishing screening programs and educational outreach efforts, it exposed the racial biases of the medical system that had largely ignored sickle-cell anemia, a disease that predominantly affected people of African descent.
The Black Panther Party's understanding of health as a basic human right and its engagement with the social implications of genetics anticipated current debates about the politics of health and race. That legacy-and that struggle-continues today in the commitment of health activists and the fight for universal health care.
This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on ...intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality.
The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.
We briefly review the evolution of empirical work on discrimination. We discuss why traditional regression-based approaches neither convincingly measure market discrimination nor disentangle the ...relative importance of animus versus statistical discrimination in explaining such discrimination as exists. We describe the development of modern correspondence studies. We argue that these studies have the promise to credibly identify the presence of discrimination if not its magnitude, can inform us about the underlying mechanism generating discrimination and can also point to avenues for new theoretical and empirical work on discrimination. We discuss two articles with exemplary applications of these new methods.
This book argues that traditional complaint-based antidiscrimination laws are inherently inadequate to respond to systemic discrimination in employment. It examines the mechanisms and characteristics ...of systemic discrimination and the shortcomings of complaint-based laws. Yet these characteristics can also inform employers and government authorities of the kinds of preventive action that help alleviate systemic discrimination at the workplace.
In its search for a rational government policy response to systemic discrimination, the book evaluates selected legal regimes which impose proactive obligations on employers to promote equality at the workplace. Proactive regimes are regulatory in nature, rather than adjudicatory. They induce employer compliance through technical assistance, dialogue and regulatory pressure, rather than court orders. By examining the key elements of these regimes the author explains why some proactive regimes function better than others, and why proactive regimes function better than complaint-based laws in addressing systemic discrimination.
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