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Positive Action
Positive action consists of 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 contrast to affirmative action, there is no element of compulsion in positive action. 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 * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protected Group
A protected group, protected class (US), or prohibited ground (Canada) is a category by which people are qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connection with Employment law, employees and employment and Housing discrimination, housing. Where illegal discrimination on the basis of protected group status is concerned, a single act of discrimination may be based on more than one protected class. For example, discrimination based on antisemitism may relate to religion, ethnicity, national origin, or any combination of the three; discrimination against a pregnant woman might be based on sex, marital status, or both. Canada "Prohibited grounds of discrimination" () in employment and housing are listed in the federal Canadian Human Rights Act as well as the Human Rights Code (other), provincial human rights codes. For examples the federal law lists: Racial discrimination, ra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equality Act 2010
The Equality Act 2010 (c. 15) 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 against discrimination in employment on grounds of sexual orientation, age, and religion or belief. The act protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on these protected characteristics: age, disability, sex, sexual orientation, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, and religion or belief. Th ... [...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 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, France, Italy, Luxembourg, the Netherlands and West Germany and came into force on 1 January 1958. It remains one of the 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 Treaty of Lisbon renamed it the "Treaty on the Functioning of the European Union" ... [...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'' (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 may salve some consciences, but it will remain illusory and devoid of all substance unless it goes together with measures which are genuinely destined to achieve equality, which was not the case in this instance and, in any event, it was not claimed that ... [...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 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 if (1) the employer had a 'saving clause' so it could take into account objective factors specific to an individual man (2) the criteria in such a procedure did not discriminate against female candidates. The art 2(4) derogation could be triggered where p ... [...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 () is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the oc ... 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 Gothenburg. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Action
Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking to address systemic discrimination. Historically and internationally, support for affirmative action has been justified by the idea that it may help with bridging inequalities in employment and pay, increasing access to education, and promoting diversity, social equity, and social inclusion and redressing wrongs, harms, or hindrances, also called substantive equality. The nature of affirmative-action policies varies from region to region and exists on a spectrum from a hard quota to merely targeting encouragement for increased participation. Some countries use a quota system, reserving a certain percentage of government jobs, political positions, and school vacancies for members of a certain group; an example of this is the reservati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Employment Discrimination Law
British 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 (Consol ... [...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. For example, the intent of equal employment opportunity is that the important jobs in an organization should go to the people who are Meritocracy, 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 Nepotism, relatives or Cronyism, friends, Religious discrimination, religion, Sexism, sex, ethnicity, Racism, race, caste, or involuntary personal attributes such as Ableism, disability, Ageism, age. According to proponents of the concept, chances for advancement should be open to everybody without regard for wealth, status, or membership in a Social privilege, privileged group. The idea is to remove arbitrariness from the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Equality
Social equality is a state of affairs in which all individuals within 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, along with an absence of discrimination motivated by an inalienable part of an individual's identity. Advocates of social equality believe in equality before the law for all individuals regardless of many aspects. These aspects include but are not limited to, sex, gender, ethnicity, age, sexual orientation, origin, caste or class, income or property, language, religion, convictions, opinions, health, disability,trade union membership, political views, parental status, mores, family or marital status, and any other grounds. These are some different types of social equality: * '' Formal equality'': equal opportunity for individuals based on merit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
