Suchergebnisse

Defines sex discrimination and looks at where it can be found within the hiring process. Outlines Federal and California State law and considers ways this discrimination can be minimized.

Opening address I / Dr Helen Watchirs OAM -- Opening address II / Hon. Susan Ryan AO -- Opening address III / Chris Ronalds AM, SC -- The Sex Discrimination Act and its rocky rite of passage / Margaret Thornton and Trish Luker -- A radical prequel : historicising the concept of gendered law in Australia / Ann Genovese -- Women's work is never done : the pursuit of equality and the commonwealth Sex Discrimination Act / Marian Sawer -- To demand equality is to lack ambition' : sex discrimination legislation-contexts and contradictions / Susan Magarey -- The Sex Discrimination Act at 25 : reflections on the past, present and future / Beth Gaze -- The Sex Discrimination Act : advancing gender equality and decent work? / Sara Charlesworth -- Reproducing discrimination : promoting the equal sharing of caring work in CEDAW, at the ILO and in the SDA / Caroline Lambert -- Equality unmodified? / Reg Graycar and Jenny Morgan -- And which 'equality act' would that be? / Simon Rice -- Rethinking the Sex Discrimination Act : does Canada's experience suggest we should give our judges a greater role? / Belinda Smith -- Equality as a basic human right : choice and responsibility / Archana Parashar -- Raising women up : analysing Australian advocacy for women's rights under international and domestic law / Susan Harris Rimmer -- Can we feminise human rights? / Margaret Thornton -- Sex, race and questions of aboriginality / Irene Watson and Sharon Venne.

Legal problems involved in pension plans and the statutory regulation of pensions have been the subject of two recent articles in the Dalhousie Law Journal; Pensions: A Primer for Lawyers by Joel Fichaud' and Anne Malick's comment, Private Pensions - A Legislative Response - Nova Scotia Pension Benefits Act. 2 Sex discrimination in employment has also been well canvassed in this Journal in Elizabeth Lennon's article, Sex Discrimination in Employment: The Nova Scotia Human Rights Act. 3 The purpose of this note is to examine an issue at the nexus of these two subjects: sex discrimination in pension plans, principally that arising from actuarial differences in benefits and contributions for male and female employees. What forms does discrimination in pension plans take, is it unlawful or undesirable and if so, how is it to be remedied in Nova Scotia? Canada's solution to providing at least a floor income for all Canadians upon retirement has been called the three-tier system: old age pensions, the Canada Pension Plan and private employeremployee pension plans. The federal government through the Old Age Security Act 4 provides a pension to all persons aged sixty-five or over. The basic monthly pension is the same for all regardless of employment status or sex. In addition those eligible may receive the guaranteed income supplement, the amount of which depends on the pensioner's income and marital status. This plan provides the basic income floor for all Canadians aged sixty-five years or older. The Canada Pension Plan5 has been in operation since 1966. It provides a guaranteed pension to all employees in Canada, regardless of occupation, through compulsory contributions by employer and employee, collected by the federal government.

Intro -- SEX DISCRIMINATION AND HARASSMENT LEGAL DEVELOPMENTS AND PROPOSALS -- SEX DISCRIMINATION AND HARASSMENT LEGAL DEVELOPMENTS AND PROPOSALS -- CONTENTS -- PREFACE -- Chapter 1 SEXUAL HARASSMENT: DEVELOPMENTS IN FEDERAL LAW* -- Summary -- Introduction -- Federal Equal Employment Opportunity Law -- Quid Pro Quo Harassment -- Hostile Environment Harassment -- Same-Sex Harassment -- Remedies -- Liability of Employers and Supervisors for Monetary Damages -- Vicarious Employer Liability: the Ellerth/Faragher Affirmative Defense -- Constructive Discharge -- Personal Liability of Harassing Supervisors and Co-workers -- Retaliation -- Sexual Harassment in the Schools -- End Notes -- Chapter 2 SEX DISCRIMINATION AND THE UNITED STATES SUPREME COURT: DEVELOPMENTS IN THE LAW* -- Summary -- Introduction -- Equal Protection Cases -- Title VII of the Civil Rights Act of 1964 -- Disparate Treatment and Disparate Impact -- Pregnancy Discrimination -- Gender Stereotypes -- Mixed Motives -- Sexual Harassment -- Same-Sex Sexual Harassment -- Employer Liability -- Retaliation -- Class Action Status -- Title IX of the Education Amendments of 1972 -- End Notes -- Chapter 3 SEXUAL ORIENTATION AND GENDER IDENTITY DISCRIMINATION IN EMPLOYMENT: A LEGAL ANALYSIS OF THE EMPLOYMENT NON-DISCRIMINATION ACT (ENDA)* -- Summary -- Introduction -- Coverage -- Prohibited Acts -- Sexual Orientation -- Gender Identity -- Exceptions for the Armed Forces and Religious Organizations -- Enforcement and Remedies -- End Notes -- Chapter 4 PAY EQUITY LEGISLATION* -- Summary -- The Gender Wage Gap -- Historical and Current Trends -- Explanations of and Remedies for the Gender Pay Differential -- Legal and Legislative Background -- Laws That Combat Sex-Based Wage Discrimination -- "Comparable Worth" Litigation -- The Ledbetter Case and Subsequent Legislation

This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive model, which would impose positive duties on organisations, is explored as an alternative to the existing individual complaint-based model of legislation. The contributors also pay attention to the international human rights framework, particularly the Convention on the Elimination of all Forms of Discrimination against Women and the UN Declaration on the Rights of Indigenous People. The essays are illuminated by recourse to a rich vein of historical and contemporary literature. Regard is also paid to the comparative experience of other jurisdictions, particularly the UK and Canada.

Most Western nations ascribe to the belief that equal opportunity of the sexes is a worthy objective even if it has rarely been realised in practice. The overriding cause of sex discrimination is the persistence of customs that harken back to an age when work roles were justified by physical differences. This same division of labour can be found in the most economically advanced nations even though technology has supplanted all but a few vestiges of this pre‐industrial argument. The intellectual justification for opening up opportunities for women are remarkably ineffective in the face of sheer habit.