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It doesn’t care if your boss fires you because you happen to be a Sagittarius. But a hiring policy that requires a college degree could land him in court. Discrimination law can be counter-intuitive and controversial. Marrying doctrine from five jurisdictions with contemporary political philosophy, this book provides a theoretical defence of this now maturing legal project. More fundamentally, the value of discrimination law is to be found in its enabling us all to lead flourishing lives. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
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With the increasing use of AI in algorithmic decision making (e.g. based on neural networks), the question arises how bias can be excluded or mitigated. There are some promising approaches, but many of them are based on a "fair" ground truth, others are based on a subjective goal to be reached, which leads to the usual problem of how to define and compute "fairness". The different functioning of algorithmic decision making in contrast to human decision making leads to a shift from a process-oriented to a result-oriented discrimination assessment. We argue that with such a shift society needs to determine which kind of fairness is the right one to choose for which certain scenario. To understand the implications of such a determination we explain the different kinds of fairness concepts that might be applicable for the specific application of hiring decisions, analyze their pros and cons with regard to the respective fairness interpretation and evaluate them from a legal perspective (based on EU law).
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The human resources management of the public administration is of great importance corresponding to the purposes assigned to the State by constitutional mandate. Hence the need to develop a human resources policy in accordance with the attention to social needs. A State cannot be conceived that maintains within it a heterogeneity of labor regimes with different rights and obligations and, above all, without a single race regime. One of the most important factors raised by Law No. 30057 is merit as a condition for the incorporation of new public servants. However, the aforementioned norm does not adequately develop said factor, which implies the possibility of a discretionary interpretation of its content and, consequently, a selection of applicants who may not adequately meet the needs of suitable human resources. The purpose of this research is to investigate from a theoretical and factual point of view the concept of merit, in order to arrive at a tentative definition that allows ...
International Review of Law and Economics, 1999
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This paper aims to approach the problem of discrimination against the Roma people on the labor market in Romania. We will achieve above all a comparative presentation between the two legal concepts: discrimination-nondiscrimination, then we will make a brief presentation of European and national normative acts that regulate and promote the nondiscrimination principle in general and in particular, the nondiscrimination on grounds of ethnicity. The last part of the paper deals strictly with the situation of Roma people on the labor market in Romania, during the years 1992-2015, without neglecting for this period the degree of training and qualification which has serious implications on the possibility of their employment in Romania, and also the measures taken by the Government to integrate Roma people into the labor market.
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This paper argues that discrimination is a social problem and private law built on market paradigm can only be adequate in a limited way to pursue such aims. Prohibition of discrimination should be limited to cases of monopoly and nar rowly interpreted public offers if contracting is at stake. A further reference point in the course of application of the anti-discrimination principle could be the prevention of social exclusion. Private law cannot allocate the social costs of anti-discrimination. As a result, costs are to be borne by certain market play ers or members of the protected group. In a great bulk of anti-discrimination cases courts try to solve social problems w'ith inadequate means and as a result even if decisions and aims are morally correct, consequences going beyond the relationship of the parties remain unmanageable. ' This Article has been written under the support o f the Hungarian Academy o f Sciences Bolyai János Research Grant. 1 L. Vckás. Az új polgári törvénykönyv elméleti előkérdései, Budapest. 2 0 0 1. 136 ff. 2 9/1990. (IV. 25.) AB hat. ABII 1990, 40. 3 As e.g. T. Györfi reckons, the ami-discrimination principle sets a formal barrier to the legislator having an overall effect in the legal system as a whole. T Györfi. Az alkonnánybfráskodás politi kai karaktere. Budapest. 2001. 133.