Anti-discrimination Research Articles

Equality Rights and Unequal Property Rights in Multi-owned Buildings

Abstract This research builds on and contributes to legal doctrinal and theoretical research on negative external societal effects of the democratic governance model of multi-owned properties in general, and, in particular, of decisions and restrictions regarding permission to install ramps or keep assistance dogs. The main argument is that if property law is used as a tool to steer and adjust societal normative expectations from a right to control to a duty to respect, this normative change would reduce the need for using external legislative solutions, such as applying discrimination laws, to achieve important societal objectives. Moreover, this approach could also reduce the need for future legislation addressing other societal challenges, such as the right to install electric vehicle chargers in common parking areas. These right-to-charge issues, which are currently being tackled through new EU-directives, reflect similar tensions between individual needs and collective governance. A property law-based solution that fosters fairness and flexibility in decision-making could pre-emptively address these types of issues, making it easier for associations to accommodate both current and future societal demands without the need for additional layers of regulation.

Chinese Indonesian hometown associations in Singkawang: a sentimental construction of Kampung Halaman

ABSTRACT After the fall of Suharto and the retraction of discriminatory laws in Indonesia, many Chinese Indonesian Voluntary Associations (CIVAs) have reemerged. Over the past two decades, hometown associations have proliferated in order to channel support to, express love for, and generate identification with the kampung halaman, or hometown. These associations do not refer to qiaoxiang (侨乡), or the ancestral villages of overseas Chinese in China, but rather hometowns around Indonesia, and members consist of local, Jakarta, or overseas-based Chinese Indonesians who engage in developing their hometowns socially, culturally, politically and economically via a series of activities. The rapid revival of hometown and other types of CVAs in the Indonesian contexts indicates the resiliency of this form of social organization as a diasporic mechanism through which to construct community, articulate feelings of home and belonging, while contributing to regional place making within diasporic imaginaries of hybrid Chineseness. This paper presents a qualitative analysis based on ethnographic research in the city of Singkawang, West Kalimantan.

The relationship between natural resource rents and gender discrimination laws: evidence from panel data analysis

PurposeThis study investigates the impact of hydrocarbon rents on gender discrimination laws and the extent to which democratic institutions and women’s political participation condition this relationship.Design/methodology/approachThis study uses static and dynamic panel estimation including pooled-ordinary least squares, fixed and random effects and system generalized method of moments.FindingsThe results show that countries with higher hydrocarbon rents have higher levels of gender discrimination laws. Furthermore, there is a significant link between hydrocarbon rents and gender discrimination laws regardless of the quality of democratic institutions or strength of women’s political empowerment.Research limitations/implicationsThe index of gender discrimination laws is limited to laws that impact a woman’s access to employment and entrepreneurial activity once a woman enters the labor force and does not take into account implementation of the laws.Practical implicationsPolicymakers should promote output and export diversification and adopt gender-inclusive policies to counter the adverse consequences of gender discrimination laws associated with hydrocarbon resource wealth.Originality/valueWomen’s empowerment is a major issue on the global development agenda, featuring most notably in the United Nations Sustainable Development Goal 5 on achieving women equality and empowerment of women and girls. There is scant evidence about how hydrocarbon rents impact gender discrimination laws, a pervasive obstacle to women’s economic and political empowerment. This paper fills this gap in the literature paper by examining the effect of hydrocarbon rents on gender discrimination laws.Peer reviewThe peer review history for this article is available at: https://publons.com/publon/10.1108/IJSE-02-2024-0174

Anti-Discrimination Laws and Mental Health

Anti-Discrimination Laws and Mental Health

Challenges of Direct Discrimination in Algorithmic Recruitment: Insuperable or Not?*

Although the EU prohibition of direct and indirect discrimination under non-discrimination law theoretically applies to algorithmic recruitment, doubts exist about whether the prohibition can tackle algorithmic recruitment discrimination in practical terms. This article examines two significant obstacles to dealing with direct discrimination identified in prior research: ambiguity in determining whether proxy discrimination constitutes direct discrimination, and the incapacity of job applicants to meet the burden of proof. First, the analysis of the Court of Justice of the European Union (CJEU) case law suggests that the inextricable link doctrine could apply to proxies used by algorithmic recruitment systems, assuming that the proxies are comprehensible and detectable. In cases in which the proxies remain unintelligible or invisible, it might still be possible to show that the protected ground determined the decision to impose less favourable treatment. Thus, proxy discrimination in algorithmic systems could constitute direct discrimination. Moreover, the direct discrimination prohibition could deal with more proxy discrimination cases if the applicability of the Charter of Fundamental Rights of the European Union (CFREU) is acknowledged when an EU Regulation directly applies to algorithmic recruitment. Second, the research discloses that the burden of proof could be interpreted in a way which allows applicants to establish prima facie cases of algorithmic recruitment discrimination even if they lack access to detailed information about the workings of the algorithmic recruitment system. The challenges of direct discrimination in algorithmic recruitment might not be insuperable, and the prohibition of direct discrimination should not be sidestepped when analysing the discriminatory tendencies of algorithmic recruitment.

A Balanced Application of Anti-discrimination Law in the Games Industry

This paper explores the successes and failures of "Black Myth: Sun Wukong" and "Concord," two games that highlight the complex implications of enforcing anti-discrimination laws within the gaming industry. It assesses how the drive for diversity and inclusivity, when combined with an overemphasis on political correctness, can gradually estrange users and detract from the overall gaming experience. Furthermore, the paper challenges the potential adverse consequences of anti-discrimination laws on attaining equality, arguing that legal enforcement should strike a balance between creative freedom and social justice to avoid imposing undue restrictions on the industry. Ultimately, the study concludes that, as a prominent medium of cultural expression, the creative space for games must be appropriately protected. Simultaneously, society and the law should strive for more nuanced and balanced approaches to promote the healthy development of the gaming industry and ensure its harmonious integration with societal progress.

Diversity Management Strategies in Multicultural Organizations: Challenges and Opportunities

This research explores diversity management strategies in multicultural organizations, addressing challenges and opportunities arising from cultural, ethnic, gender, and demographic differences. With globalization, workplaces are becoming increasingly diverse, offering benefits but also challenges. This study employs a descriptive qualitative approach through a literature review to analyze diversity management strategies in global organizations. The findings highlight major challenges such as intercultural conflict, implicit bias, and cross-cultural communication barriers. Effective strategies include diversity training, anti-discrimination policies, and fostering an inclusive work environment. Properly managed diversity enhances creativity, innovation, and decision-making while broadening an organization’s global market reach. Practically, organizations are advised to develop inclusiveness policies and provide diversity training to promote workplace harmony. Theoretically, this study enriches diversity management literature by presenting a new approach to addressing workplace diversity. Future research should focus on empirical studies to deepen understanding of strategy implementation across various organizational contexts.

Nothing really matters: evaluating demand-side moderators of age discrimination in hiring

Abstract As age discrimination hampers the OECD’s ambition to extend the working population, an efficient anti-discrimination policy targeted at the right employers is critical. Therefore, the context in which age discrimination is most prevalent must be identified. In this study, we thoroughly review the current theoretical arguments and empirical findings regarding moderators of age discrimination in different demand-side domains (i.e. decision-maker, vacancy, occupation, organization and sector). Our review demonstrates that the current literature is highly fragmented and often lacks field-experimental evidence, raising concerns about its internal and external validity. To address this gap, we conducted a correspondence experiment and systematically linked the resulting data to external data sources. In so doing, we were able to study the priorly determined demand-side moderators within a single multi-level analysis and simultaneously control multiple correlations between potential moderators and discrimination estimates. Having done so, we found no empirical support for any of these moderators.

Characterizing state-level structural cisheterosexism trajectories using sequence and cluster analysis, 1996-2016, 50 U.S. states and Washington, D.C., and associations with health status and healthcare outcomes.

Structural cisheterosexism is a root cause of LGBTQ health inequities. Amidst ongoing legal attacks on LGBTQ populations' rights, research is needed to examine changes in policy contexts over time and associated implications for population health and inequities. To address this gap, we constructed state-level structural cisheterosexism trajectories for each U.S. state/D.C. from 1996-2016. We used sequence analysis to quantify differences between trajectories and cluster analysis to group similar trajectories. We evaluated associations between trajectory clusters and individual-level health(care) outcomes (self-rated health, frequent mental distress, lacking insurance, lacking a doctor, avoiding care due to cost) from the 2017 Behavioral Risk Factor Surveillance System, in the overall sample and by LGBTQ status (LGBTQ vs. cisheterosexual), using multilevel logistic models. From 38 unique trajectories, we identified five trajectory clusters: "consistently-predominantly-discriminatory", "consistently-fairly-discriminatory", "moderate-with-increasing-protection", "discriminatory-change-to-fairly-protective", and "fairly-discriminatory-change-to-predominantly-protective." Overall, health(care) was worse in states characterized by consistently discriminatory laws compared to states with increasingly protective laws and disproportionately so for LGBTQ people. Findings underscore the need to abolish harmful, cisheterosexist state laws and enact protective laws to advance LGBTQ health equity. More broadly, this study demonstrates the utility of sequence and cluster analysis for assessing long-term population health impacts of structural-level determinants.

Legal regulation of combating harassment in the field of work: national and foreign experience

The article points out that there is a common belief that harassment is sexual harassment, although in reality the term has a much broader meaning. Harassment is a problem of a global nature, which manifests itself in various spheres of social interaction and takes place in the life of every country. It is emphasized that the national legislation of many countries makes it possible to effectively combat harassment at the workplace and prevent this shameful phenomenon. The definition of the concept of harassment and measures to combat it are established in the relevant general anti-discrimination laws, in labor legislation and subordinate legal acts, which contributes to the effective implementation of national state policies on the prevention and counteraction of discrimination in the field of work. Attention is drawn to the fact that currently the term «harassment» is not used in Ukrainian legislation. However, the closest semantic equivalent of this term is the concept of «sexual harassment», the definition of which is contained in the Law of Ukraine «On Ensuring Equal Rights and Opportunities of Women and Men». The legal regulation of anti-harassment, in particular in labor relations, in Ukraine is based on normative legal acts that belong to different branches of law. It is emphasized that the Code of Labor Laws of Ukraine does not contain direct regulations on the prohibition of sexual harassment (harassment) at the workplace. This Code does not contain special norms that would determine the procedural issues of establishing the fact of sexual harassment, its fixation, proof, investigation and specifics of disciplinary responsibility for committing harassment. Despite the absence of the regulatory concept of «harassment» in Ukrainian legislation, in Ukraine, victims of sexual harassment at the workplace are provided with legal tools to protect their rights and interests. These tools range from filing sexual harassment complaints with authorized entities to criminal prosecution of the perpetrators. The legislation of Ukraine on combating sexual harassment at work is part of the anti-discrimination legislation, which is currently dynamically developing and adapting to modern needs.

The Jurisprudential Rationale Behind LGBTQ Anti-Discrimination Law

Abstract: This essay examines the philosophical and legal rationale underpinning the criminalization of discriminatory behaviour against LGBTQ individuals, highlighting how anti-discrimination law serves as a regulatory mechanism. It explores three jurisprudential approaches: the moral wrongdoing approach, the individual autonomy approach, and the community welfare approach, analysing how each justifies the prohibition of discrimination. The essay argues that the balance between individual autonomy and community welfare forms the foundation of LGBTQ anti-discrimination law, ensuring that legal intervention addresses harmful conduct while respecting personal freedoms. Additionally, it investigates the elements of discriminatory behaviour, focusing on the actus reus (prohibited act) and mens rea (accompanying mental state) to determine the criteria for criminal liability. By evaluating the appropriate standards of intent and harm, the research underscores the importance of crafting laws that protect LGBTQ individuals while maintaining legal certainty and fairness. This analysis contributes to the broader discourse on how anti-discrimination laws can foster a more inclusive society through balanced regulation and enforcement.

What Explains Iran’s Low Female Labor Force Participation?

That women’s labor force participation in the Islamic Republic of Iran has been consistently low is well known, but explanations vary as to the principal causes. Moreover, many studies examine the female economically active population in aggregate, without sociodemographic distinctions. The puzzle is why women remain under-represented in Iran’s labor force despite high educational attainment, later marriage, smaller family size, and the country’s economic difficulties. Drawing on household surveys by the Statistical Center of Iran, we put the spotlight on the waged and salaried employment patterns of urban married women, who dominate the female labor force, and we compare patterns in two time periods: the economic growth period of 2005–2007 and the economic crisis period of 2017–2020. In examining the structural and institutional factors that explain women’s high unemployment and their tendency to drop out of the labor force following marriage and childbirth, we elucidate the roles of sanctions, economic cycles, declining government recruitment, discriminatory laws, and gendered wage gaps. We also highlight similarities and differences between Iran and other countries in the Middle East and North Africa.

Abstract 4125263: Influence of sexual orientation-related nondiscrimination laws on 30-year CVD risk among sexual minority and heterosexual adults

Introduction: Discriminatory policies are associated with worse mental health and substance use outcomes among sexual minority adults. Despite a higher risk of cardiovascular disease (CVD) than heterosexual adults, there is limited evidence on structural determinants of cardiovascular health among sexual minority adults. Therefore, we examined whether changes in sexual orientation-related nondiscrimination laws were associated with 30-year CVD risk among sexual minority and heterosexual adults. Hypothesis: We hypothesized that changes in sexual orientation-related nondiscrimination laws would be more strongly associated with 30-year CVD risk among sexual minority adults relative to exclusively heterosexual adults. Methods: We used longitudinal data from Waves III (2001-2002), IV (2008-2009), and V (2016-2018) of the National Longitudinal Study of Adolescent to Adult Health. We assessed changes in four state-level sexual orientation-related nondiscrimination laws (i.e., employment discrimination, same-sex marriage, hate crime statutes, and same-sex adoption) between Waves III and IV. Changes in sexual orientation-related nondiscrimination laws were categorized as unchanged (reference), improved, or worsened. We assessed 30-year CVD risk using the Framingham Risk Score at Wave V. We ran sex-stratified linear regression models adjusted for demographic factors to examine whether the association between change in nondiscrimination laws with 30-year CVD risk was moderated by sexual orientation (i.e., exclusively heterosexual, mostly heterosexual, homosexual/bisexual). Results: The sample included 3,827 participants with a mean age of 28.7 (±1.75) years, of whom 83.1% identified as exclusively heterosexual, 51% as female, and 15% as Black. Compared to heterosexual participants of the same sex, an improvement in nondiscrimination laws was associated with lower 30-year CVD risk among mostly heterosexual women (B -4.57, 95% CI = -8.06, -1.08) and homosexual/bisexual men (B -10.91, 95% CI = -19.33, -2.49). In contrast, compared to exclusively heterosexual women, a worsening of nondiscrimination laws was associated with higher 30-year CVD risk among homosexual/bisexual women (B 5.26, 95% CI = 0.30, 10.21). No differences were found between mostly heterosexual and exclusively heterosexual men. Conclusions: Findings suggest that efforts to enhance policies prohibiting sexual orientation-related discrimination may significantly reduce CVD risk among sexual minority adults.

Freedom of Association in Spain

Abstract How is freedom of association protected in Spain? What are the contours developed by the Constitutional and Supreme Courts in dialogue with the Strasbourg and Luxembourg jurisprudence? Have equality and anti-discrimination laws moved the frontiers of associations’ autonomy? These are the questions tackled in this nutshell synthesis of Freedom of Association in Spain.

Ukrainian Nationalism in the Propaganda of the bolshevik’s and modern Ideology of the russian Imperialism

The study compares how “Ukrainian nationalism” was interpreted in the Soviet press and the texts of contemporary ideologues of Russian imperialism. The way in which Ukrainian nationalism and its alleged followers were dehumanized during the trial of the Union for the Liberation of Ukraine in 1930 (using the example of the texts of Andrii Khvylia, Mykola Skrypnyk and publications of the magazine “Bolshevik of Ukraine”) was examined. The image of Ukrainian nationalism presented in public statements that preceded and accompanied the full-scale war from 2022 was analyzed (texts of Timofey Sergeytsev, the address of the President of the Russian Federation, Vladimir Putin). In the widely circulated texts, the authors accused the “nationalists” of espionage, treason, moral degeneration and the preparation of a coup d’état, which can be defined as hate speech. Communists and contemporary ideologues construct the image of the enemy, using accusations in a mirror that Ukrainian nationalists commit terror or genocide. They depict their victims as aggressors and themselves as victims, justifying violence against Ukrainians as preventive measures. Contemporary Russian ideologues, in particular Timofey Sergeytsev, claim that Ukrainians, hiding behind the rhetoric of independence, profess fascist, racist and Russophobic ideology. Putin and Sergeitsev rejected the Soviet style of hate speech according to which Ukrainian nationalism was bourgeois and therefore criminal. They repeat the pre-Bolshevik imperialist interpretation of the “Ukrainian question”, according to which Ukraine is an integral part of Russia. Therefore Ukrainian nationalism is criminal because it wants to destroy Russian-Ukrainian unity. For Sergeytsev, Ukrainian nationalists are criminals because they pursue a racial policy against Russians, introduced discriminatory laws, committed genocide in the Donbass, commit mass violence and murder of Russians, and established a dictatorship unrestricted by law. The accusations made at the SVU trial were repeated during the Holodomor in the party’s official documents and Joseph Stalin’s correspondence with his supporters, and were directed at Ukrainian peasants and members of the Communist Party (bolshevik) of Ukraine. These accusations can be considered evidence of the desire to eradicate Ukrainian nationalists through artificial hunger and terror, which was facilitated by the cultivation of the image of the enemy in the previous years. The texts of modern Russian ideologues not only construct the image of the enemy, but also outline a consistent program of murders and Russification of Ukrainians and, according to the assessments of jurists and historians, indicate the intention to commit genocide. Keywords: Bourgeois nationalism, Union for the Freedom of Ukraine trial, Andrii Khvylia, hate speech, image of the enemy, de-Nazification, Russophobia, Timofey Sergeytsev.

Healing Structures: Sociotechnical Mechanisms for Centering Survivors of Domestic Violence within US-Based Marginalized Communities

Domestic violence (DV) survivors from marginalized communities face serious challenges when seeking governmental services and community resources. Current resources often overlook victim-survivors' needs, neglecting their choices and autonomy. Through studying the context of DV within the US-based Muslim community and embracing a Survivor-Centered Transformative Justice approach, we introduce healing structures, structures promoting justice for victim-survivors and their communities, where healing is promoted by tackling harmful practices and discriminatory laws and fostering collective and survivor-centered interventions. Through focus groups, design concepts, and expert evaluations, we unveil three sociotechnical processes that establish healing structures for survivors and their communities when implemented collectively and simultaneously. The processes are: 1) Survivor advocacy, ensuring safety, empowerment, informed decision-making, and care continuity. 2) Community accountability, encouraging reparation and behavioral change of abusers through communal intervention and support. 3) Institutional transformation, reshaping broader conditions perpetuating abuse through preventive measures and structural reform. We conclude by reflecting on healing structures and discussing their design implications and potential tensions.

How does the rights of homosexuals be influenced by sodomy laws in the 1960s and 1970s

The paper examines the fight for homosexual rights in the United States during the 1960s and 1970s, focusing on the significance of the abolition of sodomy laws and their impact on gay individuals. It highlights the cultural and legal context of the era, including the infamous Stonewall Riots of 1969, which sparked widespread activism. The essay delves into notable legal battles, such as Buchanan v. Batchelor, showcasing the efforts to challenge and repeal sodomy laws. Despite initial setbacks, these legal challenges laid the groundwork for future advancements in LGBTQ+ rights by establishing privacy rights as a constitutional issue. The period was crucial in setting the stage for further progress and the eventual dismantling of discriminatory laws against homosexuals.

Operationalizing Macro-Level Structural Sexual Minority Stigma: A Scoping Review of the Literature

Abstract Background Structural stigma, including discriminatory laws, inequitable policies, and negative attitudes, has been conceptualized as the general societal climate and institutional conditions that shape sexual minorities’ lives, mental, and physical health. While multidimensional indices have been used globally, U.S.-based studies have largely relied on single indicators (e.g., a law or policy; presence of resources). This scoping review aimed to identify structural sexual minority stigma indicators relevant to the U.S. context, to inform comprehensive, multidimensional future operationalizations. Methods Systematic database searches in PubMed, PsycINFO, and JSTOR, and snowball techniques resulted in 70 articles. After duplicate deletion and abstract review, 25 unique indices were long-listed relevant to structural sexual minority stigma at country or state level (i.e., macro level). School (district) and county (i.e., exo level) indicators were excluded. Results From the long-listed indices, a total of 112 legal and policy indicators were narrowed down to relevant 33 macro-level indicators and grouped across seven domains: criminal justice, hate crime protections, non-discrimination, religious refusal, relationship recognition, parenting, and youth laws and policies. Two different quantifications of population attitudes were identified that aggregated social and policy opinions across states regarding sexual minority adoption, hate crimes, health benefits, labor and housing, public speaking or teaching, marriage, sodomy, and civil unions. Discussion While a large variety of legal and attitudinal indicators was identified, few U.S.-based studies used multidimensional operationalizations (e.g., law, policy, opinion) needed to reduce risk of confounding bias through population-attitudes-to-law/policy backdoor pathways. To further advance the science on structural sexual minority stigma and health globally, future studies may benefit from multidimensional approaches. Key messages • With many legal and attitudinal indicators identified, few studies used multidimensional operationalizations (e.g., law, policy, opinion) needed to reduce risk of confounding bias. • To further advance the science on structural sexual minority stigma and health globally, future studies may benefit from multidimensional approaches.

Religious Freedom and Anti-discrimination Laws: A Comparative Study of the US and the UK

This paper examines religious freedom and anti-discrimination laws in the United Kingdom and the United States, exploring the similarities and disparities between the two countries in terms of legal protection of religious rights and prevention of discrimination. At a time when global religious diversity and immigration issues are becoming more and more prominent, countries are facing new challenges in the relationship between religion and law. By means of comparative analysis, this paper first summarizes the legal frameworks of the two countries, and then explores the roles of their respective legal systems in protecting religious freedom and preventing discrimination in the light of typical cases. It is found that the UK prefers the influence of the European Court of Human Rights, while the US has constructed a unique legal system at the federal and state levels. Meanwhile, in the handling of cases, the United States is simply more inclined to protect the individual right to freedom of religion and impose severe restrictions on the government, while the United Kingdom is more willing to balance individual rights to freedom of religion with the common good of society. Finally, based on the results of the study, recommendations are made to improve the legislation and implementation of this aspect in each country.

Minority stress mediates associations of sexual minority state policies and tobacco use among US sexual minority young adults

IntroductionState policies surrounding sexual minority (SM) rights are associated with tobacco use among SM individuals. Research is scant regarding the role of distinct SM policy categories on SM young adults’ (SMYAs) tobacco use and mechanisms explaining these associations. MethodsWe analyzed 2023 survey data from 1100 SMYAs (ages 18–34; 14.2 % gender minority; 66.1 % bisexual+, 29.1 % monosexual; 53.2 % racial/ethnic minority) with representation across 45 US states and DC. Regression-based models examined: 1) direct associations of residing in states with negative and limited (vs. comprehensive) SM state policies with respect to 7 policy categories (relationship/parent recognition, nondiscrimination, religious exemptions, LGBTQ youth, healthcare, criminal justice, gender identity documents) with minority stress (mental health, internalized stigma, community connectedness); 2) direct associations of policy categories and minority stress with tobacco use (past-month cigarette, e-cigarette, any tobacco use, number of products used); and 3) indirect associations of policy categories with tobacco use through minority stress. ResultsRelative to residing in states with comprehensive policies, residing in states with limited relationship/parent recognition policies indirectly predicted higher odds of e-cigarette use through mental health; weaker nondiscrimination policies indirectly predicted using more tobacco products through internalized stigma; and negative healthcare policies indirectly predicted higher odds of cigarette and any tobacco use through community connectedness. ConclusionsThese novel findings regarding associations among distinct SM policy categories, minority stress mediators, and tobacco use outcomes warrant further examination to better understand these distinct mechanisms, ultimately to inform SM-related policy and advocacy efforts, as well as tobacco prevention and cessation efforts.