This book argues that traditional complaint-based antidiscrimination laws are inherently inadequate to respond to systemic discrimination in employment. It examines the mechanisms and characteristics of systemic discrimination and the shortcomings of complaint-based laws. Yet these characteristics can also inform employers and government authorities of the kinds of preventive action that help alleviate systemic discrimination at the workplace. In its search for a rational government policy response to systemic discrimination, the book evaluates selected legal regimes which impose proactive obligations on employers to promote equality at the workplace. Proactive regimes are regulatory in nature, rather than adjudicatory. They induce employer compliance through technical assistance, dialogue and regulatory pressure, rather than court orders. By examining the key elements of these regimes the author explains why some proactive regimes function better than others, and why proactive regimes function better than complaint-based laws in addressing systemic discrimination.
This report reflects the commitment of the U.S. Commission on Civil Rights to ensure that Americans with disabilities are afforded equal opportunity. This report focuses specifically on the efforts of the EEOC to enforce title I of the ADA, which prohibits discrimination based on disability in employment. It evaluates & analyzes EEOC's regulations & policies clarifying the language of the statute, processing of charges of discrimination based on disability; litigation activities under title I of the ADA; & outreach, education, & technical assistance efforts relating to the act. Offers findings & recommendations.
This report provides the first evaluation of the enforcement of the Americans with Disabilities Act (ADA). Focuses specifically on the efforts of the Justice Dept. (DOJ) to enforce Title II, Subtitle A, of the ADA, which prohibits discrimination based on disability by public entities such as State and local governments. It evaluates DOJs regulations and policies clarifying the language of the statute; processing of complaints of discrimination based on disability; litigation; and outreach, education, and technical assistance efforts relating to the act. Assesses DOJ's effectiveness as coordinator of the ADA enforcement efforts of 7 other Federal agencies.
Provides pragmatic advice on the nonimmigrant work authorization, including: specialty occupations (H-1Bs); intra-company transfers from abroad (L-1); treaty traders/investors (E-1 and E-2) and more.
Policy makers and social actors increasingly face inter-related and inter-penetrated levels and realms of governance. The effect is that some of the intuitive contrasts between rights and regulation are no longer tenable. As the essays collected in this volume show, different combinations of rights and regulatory claims serve as barometers of current changes in political economy. These are not only restructuring political space, but also changing the assumed relevance of rights and regulation. Bringing together a range of fresh perspectives on socio-legal scholarship from a variety of disciplines, The Intersection of Rights and Regulations will have worldwide interdisciplinary appeal.
The authors of this comparative study of affirmative action compare the employment practices of six countries: the U.S., Canada, Great Britain/Northern Ireland, India, Malaysia, and South Africa. They look at mandatory quota policies; legislated versus voluntary policies; goals and timetables; restrictions and other policies; as well as recruitment, selection, compensation, performance appraisal, promotion, training, and career development. Their findings will prove useful for training managers of companies with global operations.