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Author: Lauren B. Edelman Publisher: University of Chicago Press ISBN: 022640093X Category : Social Science Languages : en Pages : 364
Book Description
Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
Author: Lauren B. Edelman Publisher: University of Chicago Press ISBN: 022640093X Category : Social Science Languages : en Pages : 364
Book Description
Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
Author: Michael W. McCann Publisher: University of Chicago Press ISBN: 9780226555713 Category : Business & Economics Languages : en Pages : 704
Book Description
McCann explains how wage discrimination battles have raised public legal consciousness and helped reform activists mobilize working women in the pay equity movement over the past two decades. Rights at Work explores the political strategies in more than a dozen pay equity struggles since the late 1970s, including battles of state employees in Washington and Connecticut, as well as city employees in San Jose and Los Angeles. Relying on interviews with over 140 union and feminist activists, McCann shows that, even when the courts failed to correct wage discrimination, litigation and other forms of legal advocacy provided reformers with the legal discourse--the understanding of legal rights and their constraints--for defining and advancing their cause.
Author: Michael Yates Publisher: South End Press ISBN: 9780896084971 Category : Business & Economics Languages : en Pages : 334
Book Description
This book effectively deals with the legacy of the Reagan-Bush era: unemployment, underemployment, and the diminishing legal rights of union organizers.
Author: Ellen Berrey Publisher: University of Chicago Press ISBN: 022646685X Category : Law Languages : en Pages : 366
Book Description
Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
Author: Kathryn Sikkink Publisher: Princeton University Press ISBN: 0691192715 Category : Political Science Languages : en Pages : 328
Book Description
A history of the successes of the human rights movement and a case for why human rights work Evidence for Hope makes the case that yes, human rights work. Critics may counter that the movement is in serious jeopardy or even a questionable byproduct of Western imperialism. Guantánamo is still open and governments are cracking down on NGOs everywhere. But human rights expert Kathryn Sikkink draws on decades of research and fieldwork to provide a rigorous rebuttal to doubts about human rights laws and institutions. Past and current trends indicate that in the long term, human rights movements have been vastly effective. Exploring the strategies that have led to real humanitarian gains since the middle of the twentieth century, Evidence for Hope looks at how essential advances can be sustained for decades to come.
Author: Jim Ife Publisher: Cambridge University Press ISBN: 1139511084 Category : Social Science Languages : en Pages :
Book Description
Now in its third edition, Human Rights and Social Work explores how the principles of human rights inform contemporary social work practice. Jim Ife considers the implications of social work's traditional Enlightenment heritage and the possibilities of 'post-Enlightenment' practice in a way that is accessible, direct and engaging. The world has changed significantly since the publication of the first edition in 2000 and this book is situated firmly within the context of present-day debates, concerns and crises. Ife covers the importance of relating human rights to the non-human world, as well as the consequences of political and ecological uncertainty. Featuring examples, further readings and a glossary, readers are able to identify and investigate the important issues and questions arising from human rights and social work. Now more than ever, Human Rights and Social Work is an indispensable resource for students, scholars and practitioners alike.
Author: M. F. C. Bourdillon Publisher: Rutgers University Press ISBN: 0813548888 Category : Business & Economics Languages : en Pages : 311
Book Description
Explores the place of labor in children's lives and child development. By incorporating recent theoretical advances in childhood studies and in child development, the authors argue for the need to re-think assumptions that underlie current policies on child labor. Proposes a new approach to promote the well-being, development, and human rights of working children. From publisher description.
Author: Colin Fenwick Publisher: Bloomsbury Publishing ISBN: 1847315976 Category : Law Languages : en Pages : 636
Book Description
Concerns associated with globalisation of markets, exacerbated by the 'credit crunch', have placed pressure on many nation states to make their labour markets more 'flexible'. In so doing, many states have sought to reduce labour standards and to diminish the influence of trade unions as the advocates of such standards. One response to this development, both nationally and internationally, has been to emphasise that workers' rights are fundamental human rights. This collection of essays examines whether this is an appropriate or effective strategy. The book begins by considering the translation of human rights discourse into labour standards, namely how theory might be put into practice. The remainder of the book tests hypotheses posited in the first chapter and is divided into three parts. The first part investigates, through a number of national case studies, how, in practice, workers' rights are treated as human rights in the domestic legal context. These ten chapters cover African, American, Asian, European, and Pacific countries. The second part consists of essays which analyse the operation of regional or international systems for human rights promotion, and their particular relevance to the treatment of workers' rights as human rights. The final part consists of chapters which explore regulatory alternatives to the traditional use of human rights law. The book concludes by considering the merits of various regulatory approaches.
Author: Philippa Collins Publisher: Oxford University Press ISBN: 0192647385 Category : Law Languages : en Pages : 257
Book Description
The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Right should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. This book culminates in the proposal and elaboration upon an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.
Author: Elisabeth Reichert Publisher: Columbia University Press ISBN: 0231520700 Category : Political Science Languages : en Pages : 277
Book Description
Social Work and Human Rights has become a standard text highlighting the role of social work in protecting the rights of vulnerable populations. Through rigorous analysis, classroom exercises, and a frank discussion of the implications for practice both within and outside of the United States, the volume effectively acquaints readers with the political, economic, and social dimensions of rights issues and the documents that guarantee them. New material covers international events, such as the United Nations' Millennium Declaration (2000) and its effort to reduce the poverty and suffering of billions worldwide. The volume now emphasizes cultural rights and includes a probing lesson in cultural relativism. It turns a critical eye toward the failure in the United States to address social welfare issues and its reluctance to rectify policies favoring one group over another. Praise for the first edition: "A human rights compass—a preliminary guide for the translation of human rights for social workers.... It is to be welcomed."—European Journal of Social Work "Foundation documents provide an essential tool for understanding the issues and applying the understanding to concrete social policy advocacy and action."—Canadian Association of Social Workers Bulletin "This is a text which is overdue for social work students and faculty."—Rosemary Link, coauthor of Human Behavior in a Just World: Reaching for Common Ground "Reichert makes human rights concepts come alive. Practice case examples and human rights analysis of the National Association of Social Worker's Code of Ethics are particularly valuable in orienting the reader to the domestic practice applications of the global human rights movement."—Lynne M. Healy, author of International Social Work: Professional Action in an Interdependent World
Author: Lauren B. Edelman
Author: Lauren B. Edelman
Author: Michael W. McCann
Author: Michael Yates
Author: Ellen Berrey
Author: Kathryn Sikkink
Author: Jim Ife
Author: M. F. C. Bourdillon
Author: Colin Fenwick
Author: Philippa Collins
Author: Elisabeth Reichert