|
Positive Action
In Europe, positive action are measures which are targeted at protected groups in order to enable or encourage members of those groups to overcome or minimise disadvantage; or to meet the different needs of the protected group; or to enable or encourage persons in protected groups to participate in an activity. In the United Kingdom in the Equality Act 2010 ss 158-159, the term is used in the context of employment to allow selection of a candidate from an "under-represented" group, so long as he or she is no less than equally qualified compared to another potential candidate that is not from the under-represented group. European law *Treaty on the Functioning of the European Union Article 157(4) *'' Kalanke v Freie Hansestadt Bremen'' 995IRLR 660, 996ECR I-03051C-450/93 *'' Marschall v Land Nordrhein Westfalen'' 997ECR I-06363C-409/95 *'' Re Badeck’s application'' 0012 CMLR 6C-158/97 *'' Abrahamsson and Anderson v Fogelqvist'' 000ECR I-05539C-407/98 See also *EU law *UK emp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age. The Act has broadly the same goals as the four major EU Equal Treatment Directives, whose provisions it mirrors and implements. However, the Act also offers protection beyond the EU directives, protecting against discrimination based on a person's nationality and citizenship and also extending individuals' rights in areas of life beyond the work ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty On The Functioning Of The European Union
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the Treaties of the European Union, constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishing the European Community (TEC). The Treaty originated as the Treaty of Rome (fully the ''Treaty establishing the European Economic Community''), which brought about the creation of the European Economic Community (EEC), the best-known of the European Communities (EC). It was signed on 25 March 1957 by Belgium, French Fourth Republic, France, Italy, Luxembourg, the Netherlands and West Germany and came into force on 1 January 1958. It remains one of the Treaties of the European Union, two most important treaties in the modern-day European Union (EU). Its name has been amended twice since 1957. The Maastricht Treaty of 1992 removed the word "economic" from the Treaty of Rome's official title and, in 2009, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kalanke V Freie Hansestadt Bremen
''Kalanke v Freie Hansestadt Bremen'' (1995) C-450/93 is a German and EU labour law case, concerning positive action. It was qualified in ''Marschall v Land Nordrhein Westfalen ''Marschall v Land Nordrhein Westfalen'' (1997) C-409/95 is a German and EU labour law case concerning positive action. Facts Marschall was a teacher. He applied for promotion and did not get it and a woman did. The school's rules allowed for p ...'' (1997) C-409/95. Facts Mr Kalanke and a woman were shortlisted for promotion to a management position in the city's parks department. Both were equally qualified. The council's rules gave automatic priority, if two candidates were equally qualified, to women in sectors where they were under-represented. That meant less than half in any pay bracket. Mr Kalanke claimed it was discrimination under Directive 76/207/EC art 2(1) and art 2(4). AG Tesauro concluded it would be unlawful. At paragraph 28 he said, 'Formal, numerical equality is an objective which m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marschall V Land Nordrhein Westfalen
''Marschall v Land Nordrhein Westfalen'' (1997) C-409/95 is a German and EU labour law case concerning positive action. Facts Marschall was a teacher. He applied for promotion and did not get it and a woman did. The school's rules allowed for promotion of women 'unless reasons specific to an individual candidate tilt the balance in his favour'. He sought an order that he was in fact appointed. The Verwaltungsgericht Gelsenkirchen made a reference to the ECJ asking whether the rule was compatible with the Equal Treatment Directive Equal Treatment Directive 20062006/54/EC is a legal act of European Union law, which implements the principle of equal treatment between men and women in EU labour law. Background Since the Treaty of Amsterdam came into force in 1999, new EU laws ... 76/207/EC art 2(1) and 2(4). Advocate General Jacobs gave his opinion that the rule in question was compatible with EU law. Judgment The European Court of Justice held that positive action was lawful i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Badeck’s Application
''Re Badeck's application'' (2000C-158/97is a German and EU labour law case concerning positive action.E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 14, 618 Facts The First Minister and Attorney General of Hesse, CDU member Georg Badeck, wanted to review a Hesse law which set out a list of positive action measures for appointment to public office. They argued it violated the German Grundgesetz The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came in ... constitutional duty to get the best people for the job, and violated the Equal Treatment Directive 76/207/EC articles 2(1) and 2(4). Judgment The European Court of Justice held that priority for under represented groups was lawful, but that priority could not be automatic. The following public sector positive action measures were ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abrahamsson And Anderson V Fogelqvist
''Abrahamsson and Anderson v Fogelqvist'' (2000C-407/98is a Swedish and EU labour law case, concerning positive action. Facts Mr Anderson was slightly better qualified than his three female competitors for the post of Professor of Hydrospheric Science at the University of Göteborg. But the job was offered to one of the women, Ms Destouni, and when she turned it down, another of the women, Ms Fogelqvist was given the job. Ms Abrahamsson had complained that she was also better than Ms Fogelqvist, but that Mr Anderson was better than her. The universities’ policy was to hire sufficiently qualified people in underrepresented group, even if that meant as in this case a less qualified woman, unless ‘the difference between the candidates’ qualification is so great that such application would give rise to a breach of the requirement of objectivity in the making of appointments.’ This policy was adopted after an earlier recruitment drive had failed. Judgment The European Court o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated disc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Employment Discrimination Law
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Opportunity
Equal opportunity is a state of fairness in which individuals are treated similarly, unhampered by artificial barriers, prejudices, or preferences, except when particular distinctions can be explicitly justified. The intent is that the important jobs in an organization should go to the people who are most qualified – persons most likely to perform ably in a given task – and not go to persons for reasons deemed arbitrary or irrelevant, such as circumstances of birth, upbringing, having well-connected relatives or friends, religion, sex, ethnicity, race, caste, or involuntary personal attributes such as disability, age, gender identity, or sexual orientation. According to proponents of the concept, chances for advancement should be open to everybody without regard for wealth, status, or membership in a privileged group. The idea is to remove arbitrariness from the selection process and base it on some "pre-agreed basis of fairness, with the assessment process being related to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Equality
Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services. Social equality requires the absence of legally enforced social class or caste boundaries and the absence of discrimination motivated by an inalienable part of an individual's identity. For example, advocates of social equality believe in equality before the law for all individuals regardless of sex, gender, ethnicity, age, sexual orientation, origin, caste or class, income or property, language, religion, convictions, opinions, health, or disability. Social equality is related to equal opportunity. Definition Social equality is variously defined and measured by different schools of thought. These include equality of power, rights, goods, opportunities, capabilities, or some combination of these things. It may also by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Labour Law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforclabour law(legislature, regulatory, or judicial). History Following the unification of the city-states in Assyria and Sumer by Sargon of Akkad into a single empire ruled from his home city circa 2334 BC, common Mesopotamian standards for length, area, volume, weight, and time used by artisan guilds in each city was promulgated by Naram-Sin of Akkad (c. 2254–2218 BC), Sargo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
