Anti-discrimination Legislation Research Articles

Impact of Anti-Discrimination Legislation on Access to Gender-affirming Care: A Commercial Claims Analysis

ObjectivesTo examine the temporal relationship between the anti-discrimination rules of the Affordable Care Act, which took full effect in 2017, and the incidence of commercial claims for gender-affirming care, as well as cost sharing for these services. MethodsWe used a previously described algorithm to define a cohort of gender diverse adults in the MarketScan® Commercial Claims and Encounters Database. Claims for gender-affirming medical and surgical care were identified using International Classification of Diseases and Current Procedural Terminology codes plus pharmacy data; the annual incidence of surgical claims was calculated. Interrupted time series analyses were used to evaluate the temporal relationship between claims and anti-discrimination legislation. Claims data was also used to evaluate the patient contribution towards services. ResultsThere were 70,733 gender diverse adults included in the study and 36,702 (51.9%) of them filed claims for gender-affirming care. The incidence of persons with claims for gender-affirming surgery increased from 0.002% in 2009 to 0.012% in 2021. Interrupted time series analyses demonstrated a greater year-to-year increase for claims after anti-discrimination policy influences took effect. This change was greatest for transmasculine chest procedures. The median lifetime net payment for gender-affirming surgery was $12,429.10 and cost sharing was $1,019.20 (8.6%). ConclusionsCommercial claims for gender-affirming surgery increased temporally with respect to implementation of anti-discrimination legislation and cost-sharing was reasonably low. However, many gender diverse persons did not have claims for gender-affirming care, which may indicate continued out-of-pocket payment for these services.

When a doctrine is not a doctrine: understating the intersection of civil and canon law and the ‘doctrine’ of marriage in the Anglican Church of Australia

AbstractThis article explores the interpretation and application of the term ‘doctrine’ within the Anglican Church of Australia and its implications in Australian civil law, particularly anti-discrimination legislation. It examines the tension between (1) the constitutional definition in the Church's constitution and (2) broader interpretations found in General Synod resolutions. The anxiety evident in the General Synod resolutions underscores ongoing debates within the Church about same-sex marriage and relationships and the application of secular exemptions in anti-discrimination legislation. The article concludes that the civil law definition of the term ‘doctrine’ is wide enough to encompass both the Anglican Church of Australia's constitutional definition and the broader meaning found in General Synod resolutions. Nevertheless, care needs to be taken by the Church to avoid the risk of civil courts being called upon to engage in their own exegesis of scripture, and thereby come to conclusions which are at odds with the avowed beliefs of the Church.

Filipino Hospitality Industry Gender Disparities: Hiring Practices, Salary Levels, and Promotional Opportunities

This research employs a qualitative approach, utilizing the snowball sampling technique to conduct in-depth interviews with women from various roles within the Filipino hospitality sector. The study employs narrative analysis to elucidate discriminatory practices in hiring, remuneration, and professional advancement opportunities. Findings reveal a pattern of gender disparities, with biased recruitment practices directing women into lower-paid service roles while men ascend to leadership positions. A significant pay gap persists, attributed to occupational segregation and undervaluation of female-dominated professions. The study identifies unconscious biases, lack of mentorship, and a corporate culture favoring stereotypically "male" leadership attributes as barriers to career progression. Recommendations include advocating for anti-discrimination legislation, transparent hiring protocols, and addressing pay differentials through audits and awareness initiatives. Employers are urged to implement unbiased recruitment and mentorship programs, while educational institutions and civil society organizations play roles in empowering women and advocating for policy reform. The study underscores the need for collective commitment to gender equality to transform the Filipino hospitality industry into a model of inclusivity and collaboration.

The Making of a Reserve Army of Labor: Paradoxes of American Disability Policy

Since the 1980s, despite much United States legislation to promote the employment of people with disabilities and reduce their reliance on government benefits, employment rates among people with disabilities have fallen while rates of disability benefits receipt have risen. I conducted historical research on two sites of contradiction in the state treatment of disability: (1) antidiscrimination legislation and (2) disability benefits. I show that the goals of antidiscrimination legislation were undercut by court interpretations of this legislation, while cyclical expansion and contraction of disability benefits produced haphazard integration of recipients into the labor force and inhibited cessation of benefits. These findings demonstrate that the legislative push for the labor market inclusion of disabled people, undertaken simultaneous to ongoing labor market exclusion with roots in the very same legislative program, led to the incorporation of disabled people into the labor market on contingent terms. Contradictions in disability employment policy have thus constituted people with disabilities as a labor force suited to the precarious positions characteristic of economic restructuring. This argument develops Marxist theories of disability, conceptualizing disabled people as a reserve army of labor malleable to the needs of capital.

Young people with LGB identity and their sense of belonging: Evidence from Northern Ireland – A society emerging from violent social conflict

In 2023 Northern Ireland celebrated the 25th anniversary of the Belfast Good Friday Agreement (GFA) which is regarded as a milestone of the Northern Ireland peace process. Via the 1998 Northern Ireland Act, the peace process saw equality and anti-discrimination legislation being implemented in Northern Ireland that legislates that public authorities must carry out their duties with due regard to equality of opportunity, including between persons of different sexual orientations and gender identities. Using time series data from 2013 to 2023 taken from the annual Young Life and Times (YLT) survey conducted among a randomized sample of 16-year olds in Northern Ireland (N = 15,162), this article explores the extent to which same-sex attracted young women and men express a sense of belonging to, and influence in, their local neighborhoods and Northern Ireland. We argue that the sense of belonging and influence can be used as suitable policy indicators to assess how same-sex attracted young people fare in Northern Ireland, a society emerging from significant violent conflict. The YLT dataset allows us to track, if any change in attitudes can be detected over the last decade. Our analysis shows that there was an increase in the proportion of young people, especially among young women, expressing same-sex attraction. However, our study also indicates that, regardless of gender, LGB 16-year olds consistently felt a lesser sense of belonging and influence than their non-LGB individuals. We found no LGB-specific differences among respondents with different religious affiliations. LGB respondents disproportionately rejected both Protestant and Catholic faiths and community affiliations, unlike their non-LGB counterparts. Our findings are a strong indicator that religion still plays a major part in the relationship between ethno-national communities in Northern Ireland and that there still is a long way to go until LGB young people feel valued and feel that they belong.

Age Discrimination in Chinese Internet Workplace

Due to economic reforms, cultural biases, and rapid technological progress, age discrimination has become widespread in China's online business environment. China is making the transition from central planning to market economy, and measures such as "xiagang" have enabled state-owned companies in China to lay off elderly permanent staff and reduce permanent employee numbers. As the internet industry expands, younger workers who are dynamic are being favored over those perceived to be less adaptable such as older individuals. The "age 35 phenomenon" illustrates how prejudice has been deepened by cultural expectations around gender, family responsibilities, and age. This study investigates all of the elements that contribute to age discrimination and termination trends among Chinese internet businesses. This article covers topics like pertinent policies, shifting labor relations, gender roles and age discrimination - among many others. Research findings indicated that eliminating sociocultural prejudices was just as essential to meeting economic and regulatory challenges, both of which are equally essential. Countermeasures on a national, organizational, and individual level include antidiscrimination legislation, corporate social responsibility programs, retraining programmes, networking events, and skill development activities. Policies and practices that promote inclusiveness have the power to mitigate instability and inequality. This study sheds light on the multiple obstacles elder Chinese internet workers encounter while offering solutions.

How the 1963 Equal Pay Act and 1964 Civil Rights Act Shaped the Gender Gap in Pay.

In the 1960s, two landmark statutes-the Equal Pay and Civil Rights Acts-targeted the long-standing practice of employment discrimination against U.S. women. For the next 15 years, the gender gap in median earnings among full-time, full-year workers changed little, leading many scholars to conclude that the legislation was ineffectual. This article revisits this conclusion using two research designs, which leverage (i) cross-state variation in preexisting state equal pay laws and (ii) variation in the 1960 gender gap across occupation-industry-state-group cells to capture differences in the legislation's incidence. Both designs suggest that federal antidiscrimination legislation led to striking gains in women's relative wages, which were concentrated among below-median wage earners. These wage gains offset preexisting labor market forces, which worked to depress women's relative pay growth, resulting in the apparent stability of the gender gap at the median and mean in the 1960s and 1970s. The data show little evidence of short-term changes in women's employment but suggest that firms reduced their hiring and promotion of women in the medium to long term. The historical record points to the key role of the Equal Pay Act in driving these changes.

Understanding public support for workplace diversity and antidiscrimination policies in Europe.

Societal processes and public opinion can affect whether employers take action and which policy measures they choose to boost diversity, equal opportunities and inclusion, and to reduce discrimination in the workplace. Yet, public opinion regarding workplace diversity initiatives (other than affirmative action) has so far received little scholarly attention, especially in Europe. Consequently, we have very little evidence about how the general public feels about workplace diversity policies - particularly those that are more common or more often discussed in Europe - and about which factors shape public support for these workplace diversity initiatives. Yet, a better understanding of the patterns and antecedents of citizens' attitudes toward workplace diversity policies is of clear scientific and practical importance. Against this background, this study sheds light on public attitudes toward three different, commonly applied types of workplace diversity policies, and examines which individual-level and - innovatively - national-level conditions shape public support. To do so, we bring together insights from various different and so far largely disconnected strands of research and a range of theoretical perspectives. We use large-scale, representative survey data from two pooled waves of the Eurobarometer, covering 38,009 citizens across 26 European countries. We enrich these data with information on national-level income inequality as well as countries' labor market and antidiscrimination legislation and policies, obtained from Eurostat and the Migrant Integration Policy Index (MIPEX). Results show significant differences in public support across the three types of policies, with the strongest support for diversity training, followed closely by monitoring recruitment procedures, whereas support for monitoring workforce composition is clearly lower. This is in line with the idea that support tends to be lower for more preferential and prescriptive workplace policies. Furthermore, we find that, in addition to individual-level factors - particularly gender, ethnic minority group membership, personal experiences with discrimination, prejudice, intergroup contact and political orientation - national-level conditions are important antecedents of public support for workplace diversity policies. That is, differences in public attitudes regarding such policies are also shaped by country-level income inequalities, people's perceptions of how widespread discrimination and unequal opportunities are in society, and national-level laws and policies to fight unequal opportunities.

The transformation of spiritual consciousness in modern conditions

Relevance. The relevance of this article lies in shedding light on the changes in understanding and application of spiritual values and legal principles in contemporary society.Purpose. The aim of this research is to analyze modern trends in spiritual consciousness and identify the factors influencing its transformation. In particular, the following factors are considered: technological progress, mass culture, ecological awareness, intercultural dialogue, social movements and activism, new scientific discoveries, and philosophical ideas.Methodology. The research methodology included the following methods: analytical, systematization, and generalization.Results. The research results have shown that in the past few decades, there has been a rapid globalization in all spheres of human life. People are increasingly dependent on technologies such as the internet and social networks, which influence their modes of communication and value perception. Additionally, new ecological challenges arise, various social movements advocate for human rights, and new scientific and philosophical ideas emerge. All these factors bring about changes in the understanding and application of spiritual and legal values in modern society, reflecting its demands. The legal regulation of these changes can be a complex task, as spiritual consciousness partially pertains to individual aspects of each person's life. However, there are mechanisms that can help regulate these changes. For example, the development of educational and enlightenment programs, legislative encouragement of dialogue and participation of different groups in societal life, the development of anti-discrimination legislation, and the regulation of communication on social networks in accordance with the rights and freedoms of each citizen, among others.Conclusions. The research findings can be utilized by practicing professionals in the fields of law, cultural studies, and social work, helping them better understand how spiritual consciousness functions and what impact it has on society in the modern world.

Anti-discrimination legislation and protection of working conditions of the self-employed

This contribution discusses the CJEU ruling in C-356/21 J.K. v TP S.A. It concludes that the ruling contributes to the ongoing development that disentangles the concept of the protection of working conditions from the employment relationship, granting self-employed workers who provide work on a personal basis protection against discrimination. It further discusses the ruling in the context of the spread of non-standard forms of employment on the labour market and policy initiatives to tackle them. Case Case C-356/21 J.K. v TP S.A. Related cases C-587/20 – HK/Danmark and HK/Privat; C-507/18 - Associazione Avvocatura per i diritti LGBTI

Breaking the Vicious Circle between Discrimination and Homelessness

Abstract Homelessness is without a doubt a global phenomenon, constantly increasing at an alarming rate. Although discourse about homelessness is predominantly linked to discourse about inadequate housing, homelessness does not only amount to a breach of the right to housing, but furthermore constitutes a violation of a broad range of human rights, including non-discrimination. This article discusses how homelessness and discrimination mutually exacerbate and magnify one another, creating a vicious circle. The article places homelessness in a human rights framework, arguing that enhancing the anti-discrimination legislation is an essential component of breaking this vicious circle. In particular, the article suggests acknowledging homelessness as a protected ground under anti-discrimination law, illustrating how expanding the list of protected grounds in anti-discrimination law in Europe is expected to reinforce the effectiveness and coherence of the anti-discrimination legal framework and encourage its implementation, by remedying some of its shortcomings vis-à-vis people experiencing homelessness.

From the bathroom to a national discussion of LGBTQ+ rights: a case of discrimination in the Philippines

Despite the Philippines’ progress in gender equality, contemporary evidence suggests that Filipinos continue to possess negative attitudes toward lesbian and gay individuals. Likewise, discrimination and violence toward bisexual, transgender, and queer Filipinos have been documented. Despite cases of sexual orientation and gender identity and expression (SOGIE) based discrimination, national-level anti-discrimination legislation remains unpassed in the Senate. This study explores the national discussions on the SOGIE Equality Bill triggered by a bathroom discrimination experienced by a Filipino transgender woman in 2019. Taking cues from Richardson’s sexual citizenship framework, we investigate the diverse rights discourses among sectoral groups, such as local lesbian, gay, bisexual, transgender, queer, and other individuals of marginalized sexualities and genders (LGBTQ+) organizations and their allies, high-ranking Filipino politicians, and religious organizations. Analysis of local discourses showed that those supporting the SOGIE Equality Bill leverage identity-based rights discourses, while those opposed primarily navigate these debates using conduct-based rights discourses. Future policy and advocacy work must leverage the insights from these public proceedings to foster LGBTQ + solidarity in their campaigns for LGBTQ + rights in the country. Particularly, future work must (1) locate the middle ground between the LGBTQ + community and opposed legislators; (2) highlight essential values and common issues shared by all Filipinos; (3) surface how privilege can preclude and advance solidarity within the LGBTQ + community; (4) campaign for the passage of local anti-discrimination ordinances; (5) improve the SOGIE-related competencies of policy implementers; and (6) engage in research that explores public discourses and meanings assigned to sexual rights among Filipinos.

Behavioural responses to SOGIE-based harassment among university students: a qualitative study on bystander intervention in the Philippines

ABSTRACT In the Philippines, rising incidences of harassment directed at Filipinos who identify as lesbian, gay, bisexual, trans, queer, and intersex (LGBTQI+) are part and parcel of the systemic prejudice and discrimination based on an individual’s sexual orientation, gender identity, and expression (SOGIE). In the absence of a national anti-discrimination legislation, the burden to confront SOGIE-based harassment (SBH) rests upon the LGBTQI+ community and their allies. In-depth interviews with five (5) Filipino university students foreground how those with salient distinct identities from targets of harassment surfacedg hesitations and barriers to successfully intervening (e.g. cisgender and heterosexual bystanders vis-à-vis LGBTQI+ targets of harassment), while bystanders who associate with victims of SBH, either by acknowledging them as friends or as fellow human beings, articulated substantial motivation and greater ease in intervening. Taken together, the recognition of shared identities in others — or kapwa—fosters bystander intervention as it counteracts the inhumane treatment targeted at LGBTQI+ individuals whom the bystander considers equal and no different from them.

The Impact of Anti-discrimination Legislation on Transgender People within the USA

The Impact of Anti-discrimination Legislation on Transgender People within the USA

Is the disability wage gap a gendered inequality? Evidence from a 13-year full population study from Norway

Recent research has confirmed the employment disadvantages of disabled people, but disability wage gaps in interaction with gender have not been sufficiently explored. This article asks how the disability wage gap can be accounted for, how the unexplained disability wage gap has evolved over time and how the intersections of disability and gender relate to wage penalties. Norwegian nation-wide annual registry data from the period 2005–2017 (N = 8.5 million) are used to estimate longitudinal pay gaps of disabled men and women in relation to nondisabled workers. The analyses arrive at a persistent residual wage gap for disabled employees. Results confirm that gender is a defining predictor for income, and that disabled women are especially disadvantaged. Implications for intersectional theory are discussed. The current study is a reminder that antidiscrimination legislation and implementation of regulations has not been successful in levelling out injustices experienced by disabled people in the labour market.

Legal regulation of anti-discrimination and mobing in the field of labor

The absence of discrimination in the workplace is an important condition for productive work, mental and physical health of employees, preservation of a sense of human dignity and personality development, a healthy moral climate in the team, effective communication in production in vertical and horizontal planes and other necessary processes in the field of work, since any labor team is not only a production, but also a social environment. The negative impact of discrimination is felt far beyond the boundaries of a specific workplace, as negative emotions affect a person's family, friendships, and other social relationships. Anti-discrimination problems are the subject of research by specialists in legal, social and economic sciences, in particular, the legal protection of employees is being studied according to individual characteristics: gender, disability, HIV-positive status, migration, gender identity, ethnic or linguistic minorities, etc. There are a number of international and national regulations that prohibit unequal treatment of employees on grounds unrelated to a person's qualifications, productivity, and business qualities. Prohibition of mobbing (harassment) and establishment of responsibility for such actions became a relatively new phenomenon for national legislation. Adherence to the principle of equal treatment of employees and non-discrimination is one of the main areas of activity of the International Labor Organization, which is reflected in the norms of a number of conventions and recommendations. One of the latest is Convention No. 190 on Violence and Harassment, adopted by the ILO in 2019, which once again emphasizes the importance of creating decent working conditions for individuals on the basis of equality in the absence of any violence or harassment. In Ukrainian legislation, there are norms regarding the support of certain vulnerable groups of employees - minors, persons of pre-retirement age, internally displaced persons, persons with disabilities and others. This phenomenon is sometimes called "positive discrimination", which is socially determined. Discrimination and mobbing must be excluded from labor relations as those that reduce the quality of life, hinder decent work and human development, therefore the presence of clearly defined norms that establish responsibility for such actions is very important. Anti-discrimination legislation provides for disciplinary, material, financial, administrative and criminal liability for relevant offenses. Changes were made to the administrative legislation regarding the establishment of liability for mobbing (harassment) at the workplace, but there are no clearly defined norms regarding liability for violation of the prohibition of discrimination, as well as no definition of the act itself.

THEORISING EMPLOYMENT DISCRIMINATION – A COMMON LAW APPROACH

Purpose: Unlike the United Kingdom with her Equality Act 2010 that covers different settings and grounds of discrimination, Malaysia does not have an explicit anti-discrimination legislation. On this ground, in the employment context, the researchers established that the employee could institute the right against discrimination through the common law.
 Theoretical Framework: The argument is founded on the implied contractual term, of trust and confidence, together with the duty of care.
 Methodology: A doctrinal legal research is the approach by composing a descriptive and analytical analysis of legal rules gathered from primary sources namely court cases and statutes.
 Findings: Common law duty of implied term of trust and confidence, and duty of care should be positioning and establishing the employer’s liability for employment discrimination thus providing legal recourse for victimized/discriminated employees.
 Research Implications: This work demonstrates that in the absence of a statute regarding employment discrimination, the breach of implied contractual term could be the approach thus indicating the interrelation of common law theory in employment relations.
 Originality: Should the rights and protection of employees against discrimination be jeopardized in the absence of anti-discrimination legislation in Malaysia, at least, until recently, it is theorised that common law’s implied term of trust and confidence, and duty of care are the basis of legal recourse for employees.

MP21-07 TEMPORAL RELATIONSHIP BETWEEN INSURANCE CLAIMS FOR GENDER DIVERSE IDENTITY AND ANTI-DISCRIMINATION LEGISLATION

You have accessJournal of UrologyCME1 Apr 2023MP21-07 TEMPORAL RELATIONSHIP BETWEEN INSURANCE CLAIMS FOR GENDER DIVERSE IDENTITY AND ANTI-DISCRIMINATION LEGISLATION Eric Walton, Pranay Manda, Dattatraya Patil, and Akanksha Mehta Eric WaltonEric Walton More articles by this author , Pranay MandaPranay Manda More articles by this author , Dattatraya PatilDattatraya Patil More articles by this author , and Akanksha MehtaAkanksha Mehta More articles by this author View All Author Informationhttps://doi.org/10.1097/JU.0000000000003246.07AboutPDF ToolsAdd to favoritesDownload CitationsTrack CitationsPermissionsReprints ShareFacebookLinked InTwitterEmail Abstract INTRODUCTION AND OBJECTIVE: Anti-discrimination legislation has been implemented over the past decade to improve access to gender affirming care. We aimed to examine the temporal relationship between the implementation of such legislation and utilization of gender affirming care using a commercial claims database. METHODS: We used a previously described, tiered algorithm built around insurance claims including ICD codes, CPT codes, and pharmacy data to identify the annual incidence of new gender diverse persons in the 2009-2020 MarketScan database, and to examine the distribution of medical and surgical insurance claims for these individuals. Incidence was calculated using the first occurrence of a gender diverse identity claim (ICD code, pharmacy claim, or CPT code) per individual in the database. Medical claims included pharmacy claims for gender affirming hormones and surgical claims included CPT codes for gender affirming procedures. The claims distributions before and after 2014 were analyzed with Chi-square tests. RESULTS: We identified 52,646 gender diverse persons in the database (2009-2020). Of these, 17,250 (32.8%) filed claims for gender affirming care (Table 1). Median age at first gender diverse identity-related claim was 27 years (range 18-65). The number of new individuals with a gender diverse identity-related claim increased annually between 2009 (1, 783) and 2020 (7,919) (Figure 1). Notably, among individuals with available pharmacy claims only 25% had claims for gender affirming hormones. CONCLUSIONS: Implementation of anti-discrimination legislation coincides with increased incidence of gender diverse identity-related claims in a commercial database. However, given the relatively lower incidence of medical and surgical claims for gender affirming care it is possible that many gender diverse persons continue to pay out-of-pocket for their expenses. Source of Funding: None © 2023 by American Urological Association Education and Research, Inc.FiguresReferencesRelatedDetails Volume 209Issue Supplement 4April 2023Page: e287 Advertisement Copyright & Permissions© 2023 by American Urological Association Education and Research, Inc.MetricsAuthor Information Eric Walton More articles by this author Pranay Manda More articles by this author Dattatraya Patil More articles by this author Akanksha Mehta More articles by this author Expand All Advertisement PDF downloadLoading ...

Legal issues pertaining to the collection of sociodemographic data in emergency departments.

Legal issues pertaining to the collection of sociodemographic data in emergency departments.

How did South Africans with disabilities experience COVID-19? Results of an online survey.

People with disabilities are a large, disadvantaged minority, comprising approximately 12% of the population. The South African government has ratified international and regional disability treaties but deals with disability rights within general anti-discrimination legislation. There are no specific frameworks to monitor justice for people with disabilities. The study aims to inform further development of disability inclusive mechanisms relating to crises including pandemics. This study explored the perceptions of South Africans with disabilities, to understand their experiences during coronavirus disease 2019 (COVID-19), focussing on socioeconomic, well-being and human rights aspects. An online survey tool generated quantitative and qualitative data. Widespread publicity and broad recruitment were achieved through project partners networks. Participants responded via mobile phone and/or online platforms. Nearly 2000 people responded, representing different genders, impairments, races, socio-economic status, education and ages. Findings include: (1) negative economic and emotional impacts, (2) a lack of inclusive and accessible information, (3) reduced access to services, (4) uncertainty about government and non-government agencies' support and (5)exacerbation of pre-existing disadvantages. These findings echo international predictions of COVID-19 disproportionally impacting people with disabilities. The evidence reveals that people with disabilities in South Africa experienced many negative impacts of the pandemic. Strategies to control the virus largely ignored attending to human rights and socioeconomic well-being of this marginalised group. The evidence will inform the development of the national monitoring framework, recognised by the South African Government and emphasised by the United Nations as necessary to ensure the realisation of the rights of people with disabilities during future crises including pandemics.