scholarly journals SEX DISCRIMINATION IN THE AIRLINE INDUSTRY: TITLE VII FLYING HIGH

2017 ◽  
Vol 3 (4) ◽  
pp. 153-160
Author(s):  
Дэнис Биндер ◽  
Denis Binder
Keyword(s):  
Civil Rights ◽  
Gender Discrimination ◽  
Airline Industry ◽  
Sex Discrimination ◽  
Case Law ◽  
Individual Characteristics ◽  
Professional Qualification ◽  
Existing Problems ◽  
Collective Agreements ◽  
Bona Fide

The publication is translation of paper by Denis Binder (professor of law, Chapman University), published in California Law Review in 1971. The article highlights the important legal issues related to gender discrimination in the workplace. The author analyzes the principle of bona fide professional qualification, its content, interpretation in law enforcement practice as the only legitimate exceptions established by the Civil Rights Act of 1964’s the prohibition of sex discrimination. The author analyzes a broad approach to the interpretation of the principle of bona fide occupational qualifications based on any common characteristics in general are related to gender and a narrow approach of assessing individuals based on individual qualities, not on the basis of common characteristics of the sex. The author substantiates the necessity of narrow interpretation of the principle of bona fide occupational qualifications. Also in the article was analyzed the reasoning by the courts the position of the employer when this employer conceders an additional factors such as presence of children or marital status and using of the developed approaches to disputes of the airlines with the stewardesses. In addition to the prohibition of marriage there also was the age limit for stewardesses, when many airlines were automatically dismissed them upon reaching 32—35 years without taking into account individual characteristics of women, while the age of retirement of male stewards was 65 years. According to the author the collective agreements can be very effective in resolving existing problems for stewardess restrictions, which, however, does not eliminate practices of discrimination completely. The author has argued the necessity of the case law development in order to force the airline to refuse sex discrimination at all stages of employment.

Gender Discrimination in Romania through the Case Law of the ECtHR

2019 ◽  
pp. 214-232
Author(s):  
Elena Brodeală
Keyword(s):  
Gender Discrimination ◽  
Sex Discrimination ◽  
Case Law ◽  
The Other ◽  
Eu Law ◽  
National Legislation ◽  
Comprehensive View ◽  
The Poor

This chapter explores some of the barriers to the application of non-discrimination law in Romania through the few gender discrimination cases from the country that have reached the ECtHR. Unlike the other contributions in this volume, this chapter does not focus on the national legislation on non-discrimination implementing EU law or on the national case law on sex discrimination. This is due to the poor availability of sources, but also due to the fact that the ECtHR cases offer a more comprehensive view of the domestic (mis)application of the non-discrimination principle, since they were adjudicated under Article 14 ECHR, which has much broader scope than EU anti-discrimination law as transposed in the national legislation.

scholarly journals Sex Discrimination in Schools: The Law and Its Impact on School Policies

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 34
Author(s):  
Suzanne Eckes
Keyword(s):  
Civil Rights ◽  
Sex Discrimination ◽  
Case Law ◽  
The United States ◽  
Student Rights ◽  
Court Cases ◽  
School Environments ◽  
Single Sex ◽  
Legal Context ◽  
The Law

The law has the potential to influence school policy in the United States. Specifically, statutes, constitutional provisions, and the outcomes of court cases can impact the civil rights of students, which, in turn, can presumably lead to policies that prohibit discriminatory practices. For example, Congress has enacted federal laws (statutes) that prohibit discrimination based on race, sex, and disability; these laws arguably impact school practice. After setting the legal context, through an analysis of statutes, constitutional provisions and case law, this article examines how law has the potential to influence education policy related to sex discrimination. In doing so, a few illustrative cases related to sexual harassment, single-sex programs, pregnant and parenting teens, dress codes, transgender student rights, and athletics are discussed to provide examples about how case outcomes may help create more equitable school environments.

scholarly journals 'Sex' and Religion after Bostock

2020 ◽  
Author(s):  
Sachin S. Pandya ◽  
Marcia McCormick
Keyword(s):  
Civil Rights ◽  
First Amendment ◽  
Religious Freedom ◽  
Employment Discrimination ◽  
Sex Discrimination ◽  
Title Vii ◽  
Lower Court ◽  
Civil Rights Act ◽  
Employer Discrimination ◽  
The U.S

This paper reviews the U.S. Supreme Court’s opinion in Bostock v. Clayton County (2020). There, the Court held that by barring employer discrimination against any individual “because of such individual’s . . . sex,” Title VII of the Civil Rights Act of 1964 also bars employment discrimination because an individual is gay or transgender. The paper then speculates about how much Bostock will affect how likely lower court judges will read other “sex” discrimination prohibitions in the U.S. Code in the same way, in part based on a canvass of the text of about 150 of those prohibitions. The paper also discusses the religion-based defenses that defendants may raise in response under Title VII itself, the Religious Freedom Restoration Act, and the First Amendment of the U.S. Constitution.

scholarly journals Factor Assessment of the Aesthetic and Consumer Parameters of Regions

2018 ◽  
pp. 77-81
Author(s):  
Lopina Elena М. ◽  
Kornilov Andrey G. ◽  
Bondareva Yana Y. ◽  
Kalugin Vladimir A.
Keyword(s):  
Environmental Management ◽  
Individual Characteristics ◽  
Physiological Characteristics ◽  
Existing Problems ◽  
The Aesthetic ◽  
Assessment Results

Designed aesthetic and consumer parameters of the region (coefficients of representation of objects) depend on types of settlement, individual characteristics of the population, its psychological and physiological characteristics, features of the combination of aesthetic resources and accessibility of areas of public environmental management. Based on assessment results, the existing problems of organizing the land structure are identified in settlements of region and a methodology is developed for mapping the assessment of the consumer parameter of the region.

scholarly journals The Guarantees for Accused Persons Under the Article of the European Convention on Human Rights: An Analysis of the Application of the Convention and a Comparison with other Instruments

1996 ◽  
Vol 26 (3) ◽  
pp. 610
Author(s):  
Andrew S Butler
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
International Law ◽  
High Standard ◽  
Case Law ◽  
European Convention ◽  
Criminal Charges ◽  
The Subject

This article is a book review of Stephanos Stavros The Guarantees for Accused Persons under Article 6 of the European Convention on Human Rights: An Analysis of the Application of the Convention and a Comparison with Other Instruments (Martinus Nijhoff, Dordrecht, 1993) 388 pp (including 3 appendices), price (hbk) £87.00. This book is a detailed analysis of the case law of the organs of the European Convention on Human Rights on the interpretation and application of Article 6 of the Convention. That article guarantees fair trial rights in the determination of criminal charges and in the determination of civil rights and obligations. The scope of Dr Stavros' study is the rights of an accused under Article 6. Butler praises Dr Stavros for being thorough in his treatment of both case law and international law, providing a closely argued critique alongside the law presented, and for his general enthusiasm for the subject matter (reflected in the book's readability). Despite its limitations, Butler commends this book's high standard of scholarship overall.

Saks Fifth Avenue and Transgender Rights

2018 ◽  
pp. 1-14
Author(s):  
Timothy Feddersen
Keyword(s):  
Civil Rights ◽  
Gender Identity ◽  
Equal Employment Opportunity Commission ◽  
Sex Discrimination ◽  
Federal District ◽  
Federal Court ◽  
Title Vii ◽  
Federal State ◽  
Team Members ◽  
Executive Team

In September 2014 Leyth Jamal, a transgender woman, filed suit against her employer, luxury retailer Saks Fifth Avenue. Jamal alleged that she experienced harassment from managers and other employees because of her gender identity while employed by Saks, including verbal abuse and threats of violence. At the time she filed suit, no federal, state, or local laws protected transgender employees from discrimination. However, some federal district courts had recently begun to allow such suits on the premise that discrimination based on gender identity was a form of sex discrimination. Other suits and amicus briefs brought by the Equal Employment Opportunity Commission (EEOC) furthered this trend. The EEOC is the federal agency charged with investigating and supporting claims of discrimination under Title VII of the Civil Rights Act of 1964, so district and appellate courts watched the EEOC's position on the application of Title VII. Socio-culturally, many Americans supported transgender rights, even as they voiced anxiety about transgender men in women's bathrooms. This case has students assume the role of a trusted member of the executive team of Hudson's Bay Company, which owns Saks Fifth Avenue. One Friday afternoon in late December 2014, the Hudson's Bay CEO sends an email to his executive team notifying them that he has approved corporate counsel's motion to dismiss Jamal's case based on the argument that transgender people are not a protected class according to Title VII. The motion will be filed in federal court on Monday. The CEO shares that he personally believes it is preposterous for anyone to think that Saks Fifth Avenue is anything but a strong advocate for LGBT rights, but he invites executive team members to call him if they have any concerns. Members of the executive team have a responsibility to consider the broader strategic implications for the company, so students must decide if and how to respond to the CEO.

Identifikasi Faktor-Faktor Diskriminasi Gender yang Mempengarrhi Karir Karyawan Wanita di Kota Yogyakarta

2007 ◽  
Vol 2 (2) ◽  
pp. 139
Author(s):  
Rr. Nurasih ◽  
Agustini Dyah Respati
Keyword(s):  
Labor Force ◽  
Gender Discrimination ◽  
Work Motivation ◽  
Sex Discrimination ◽  
Dual Career ◽  
Factors Affecting ◽  
The Social ◽  
Time Work ◽  
Discrimination Factors ◽  
High Work

Statistically, the number of women who works outside household is getting increase. As a part of worfforce, woman not only takes a position as general employee but they are also employed as a manager. It indicates that woman plays an important role in organization. In other words it can be said that the globol labor force has changed. Change in labor force involved an aging worfforce and a diverse worffirce. Furthermore diversity exists within labor force. As a result organizations cannot afford to ignore or discount the potential contributions of wornen. At the same time work opportunity for women is also more available. Women, howqer find dfficulties that hinder them in pursuing a success in career. This hindrances result fro* the social and culture concept that the nature of a woman is a houssvyife. In fact women who hold a dual career hme a more responsibility either to their emplolters or to their household. Being a dual career people, women show a high work motivation and good performance. This paper examines the affecting factorson wornen coreer in term of sex discrimination that is discrimination on grounds of gender. The result shows that there are five gender discrimination factors affecting woman career.Kqtwords : woman car e er, gender, divers ity, culture, dis crimination.

Anti-Discrimination Law and Legal Culture in Germany

2019 ◽  
pp. 136-154
Author(s):  
Michael Wrase
Keyword(s):  
Civil Rights ◽  
Good Reason ◽  
Legal Culture ◽  
Case Law ◽  
Constitutional Court ◽  
Considerable Influence ◽  
Legal Concept ◽  
Goods And Services ◽  
Basic Law ◽  
Federal Constitutional

Drawing on the socio-legal concept of legal culture, this chapter tries to explain the initial objections by many traditionalist legal scholars, politicians, and legal practitioners alike against comprehensive anti-discrimination regulation in Germany. It contrasts the rather weak culture of non-discrimination with a broadly shared appreciation for civil rights fostered by a long-established and extensive adjudication of the Federal Constitutional Court (‘FCC’). It can be shown that the missing national support for the new regulation has led to a very restricted transposition of the EU anti-discrimination directives. The Allgemeines Gleichbehandlungsgesetz more or less confines itself to implementing the provisions stipulated in the directives, and even contains several shortcomings and potential breaches of EU law, especially with regard the provision of public goods and services. Consequently, mobilization of non-discrimination rights has been rather weak in practice so far. However, there is good reason to conclude that anti-discrimination law has been gaining ground in Germany in recent years, and that it will be even more relevant in future. The ECJ adjudication has exerted considerable influence on the case law of the German labour courts. This might in the longer run also impact on the adjudication of the FCC with regard to the clause on non-discrimination in Article 3 Basic Law.

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