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Focuses on the law as it relates to employees with HIV, particularly North Carolina's Handicapped Persons Protection Act enacted in 1985 and the Federal Rehabilitation Act of 1973.

THE STUDY EXPLORES THE RATIONALE BEHIND THE PRACTICE OF AFFORDING PREFERENTIAL TREATMENT IN THE AREA OF EMPLOYMNT TO VICTIMS OF PAST DISCRIMINATION. THE ARTICLE EXAMINES THE RELATIONS BETWEEN PAST DISCRIMINATION AND CURRENT CLAIMS TO EMPLOYMENT.

WHETHER & UNDER WHAT CONDITIONS, PAST DISCRIMINATION AGAINST A PARTICULAR GROUP JUSTIFIES THE CURRENT HIRING OF A MEMBER OF THAT GROUP WHO IS LESS THAN THE BEST QUALIFIED APPLICANT FOR A GIVEN JOB, IS DISCUSSED. AN INADEQUATE JUSTIFICATION OF REVERSE DISCRIMINATION, APPEALING TO THE FACT THAT MEMBERS OF THE RELEVANT GROUPS ARE APT TO HAVE BEEN DEPRIVED IN OTHER AREAS BESIDES EMPLOYMENT, IS CRITICIZED. A MORE ADEQUATE DEFENSE--THAT MEMBERS OF SOME DISCRIMINATED-AGAINST GROUPS HAVE BEEN RENDERED LESS ABLE TO COMPETE FOR JOBS--IS SUGGESTED, DEFENDED, & REFINED. THE BEARING OF THE FAVORED DEFENSE OF REVERSE DISCRIMINATION UPON THE CLAIMS OF BLACKS & WOMEN TO PREFERENTIAL HIRING IS DISCUSSED. BLACKS ARE MORE LIKELY TO DESERVE PREFERENTIAL TREATMENT THAN WOMEN, BUT THE PRACTICE PROBABLY SHOULD NOT BE EXTENDED TO COVER ALL MEMBERS OF EITHER GROUP. AA.

Issues pertaining to age discrimination in employment in Canada are analyzed with a view toward highlighting lessons that may be learned from the Canadian experience—an experience that is taking on increased policy importance. Reasons for the increased attention to age discrimination issues are outlined, followed by a portrayal of the age discrimination legislation and court interpretations in Canada, especially as they pertain to mandatory retirement. Enforcement aspects are discussed, as is the evidence on age discrimination in employment and the effectiveness of legislation with respect to age discrimination and mandatory retirement. The article concludes with a discussion of the lessons to be learned from the Canadian experience, especially with respect to the poorly understood but complicated relationship between age discrimination and mandatory retirement. Policy recommendations for strengthening age discrimination legislation are also outlined. (JEL J14, J24, J71)

We study a search model with employment protection legislation. We show that if the output from the match is uncertain ex ante, there may exist a discriminatory equilibrium where workers with the same productive characteristics are subject to different hiring standards. If a bad match takes place, discriminated workers will use longer time to find another job, prolonging the costly period for the firm. This makes it less profitable for the firms to hire the discriminated workers, thus sustaining discrimination. In contrast to standard models, the existence of employers with a taste for discrimination may make it more profitable to discriminate also for firms without discriminatory preferences.

This substantial article begins with an examination of two important grounds of discrimination: sex discrimination governed by the Sex Discrimination Act 1975 (and the related Equal Pay Act 1970) and racial discrimination under the Race Relations Act 1976. Discussion is confined to the right not to be discriminated against and covers the detailed provisions of these acts in this respect, judicial precedents and important cases heard not only in the British courts but in the European Court of Justice. The third section of the article is about discrimination in connection with trade union membership and activities governed by the Employment Protection (Consolidation) Act 1978.