Anti-discrimination Research Articles

LGBTI + Persons’ Experiences, Expectations, and Suggestions for Improving LGBTI + Healthcare Services in Turkey: A Qualitative Study

This study aimed to explore the experiences, expectations, and suggestions of LGBTI + persons from the health system in Turkey and their views on what kind of a health system they wish to have. Qualitative descriptive research was used as one of the qualitative research methods. Thirteen LGBTI + persons living in different provinces of Turkey were interviewed. While selecting the participants, the maximum diversity sampling method, one of the purposive sampling methods, was employed. Attention was paid to interview participants from different groups among LGBTI + persons (three gay men, five trans men, two trans women, one queer person, one lesbian person and one bisexual person). Thematic analysis was performed for the analysis of individual in-depth interviews. The expectations of the participants were grouped under three themes: (a) institutional functioning, (b) legal regulations, and (c) healthcare professionals. Each theme and 9 sub-themes demonstrate what kind of a health system LGBTI + persons want to have. Some of the common expectations of the participants are having LGBTI + friendly and free healthcare services, adoption of anti-discrimination laws, and receiving healthcare from professionals with LGBTI+-specific healthcare knowledge. Changes to be made by policy makers, hospital administrators and healthcare professionals in line with the results obtained from the research can improve the experiences of LGBTI + persons in terms of receiving a higher quality healthcare service.

Measuring female discrimination through language: a novel indicator and its effect on production efficiency in Italy

PurposeWhile the economic literature mostly tackled discrimination looking at labour costs, this work focuses on its relation to labour productivity, arguing that discrimination may worsen the performance of female employees. In this view, it represents a source of allocative inefficiency, which contributes to reducing output.Design/methodology/approachFemale discrimination is both a social and an economic problem. In social terms, consolidated gender stereotypes impose constraints on women’s behaviour, worsening their overall well-being. In economic terms, women face generally worse labour market conditions. Using long-run Italian data spanning from 1861 to 2009, the authors propose a novel measure of female discrimination based on the observed frequency of discriminating epithets. Following social capital theory, the authors distinguish between structural and voluntary discrimination, and use Data Envelopment Analysis for time series data to assess the extent of inefficiency that each component of discrimination induces in the production process.FindingsThe results draw the trajectory of female discrimination in Italy and provide evidence in favour of the idea that female discrimination reduces productive efficiency. In particular, the structural component of female discrimination, although less sizeable than the voluntary component, plays a major role, especially in recent years, where more stringent beauty standards fuel looks-based discrimination.Originality/value The contribution of this work is twofold. First, based on contributions from social sciences different from economics, it proposes a novel theoretical framework that explores the effect of discriminatory language on labour productivity. Second, it introduces a novel and direct measure of female discrimination at the country level, based on the bidirectional link between language and culture. The indicator is easily understood by policymakers and may be used to evaluate the effectiveness of anti-discrimination policies.

Impact of Gender Discrimination Laws on Inflation: Evidence from Panel Data

Impact of Gender Discrimination Laws on Inflation: Evidence from Panel Data

A Review on Evolution and Importance of Diversity Education and Inclusion in Building an Effective Organizational Culture

Purpose: The purpose of the study is to explore the history and development of diversity education and inclusion in organizations and to highlight their importance in creating a positive and productive workplace culture. The study intends to investigate the advantages of diversity and inclusion in organisations, such as technical excellence, sound decision, and enhanced retention and engagement among staff members. It also seeks to identify the challenges and barriers to implementing effective diversity and inclusion programs and strategies, and to suggest best practices for organizations seeking to build a diverse and inclusive workplace culture. Ultimately, the goal of the study is to provide insights and recommendations that can help organizations create a more welcoming, inclusive, and equitable workplace for all employees. Design/Methodology/Approach: The study involves a literature review and analysis of existing skill variety and advancement research. This would involve reviewing academic journals, books, and other relevant publications on the topic, as well as industry reports and case studies. Results/ Findings: The review paper finds that diversity education and inclusion initiatives have evolved over time, from simply focusing on compliance with anti-discrimination laws to recognizing the value of diversity in creating a more innovative and productive workplace culture. Identifies common challenges and barriers to implementing effective diversity and inclusion programs, such as resistance from some employees, lack of buy-in from leadership, and difficulty in measuring the impact of such initiatives. the findings of the study may contribute to a better understanding of the benefits and challenges of diversity and inclusion initiatives in organizations and provide recommendations for building a more inclusive and equitable workplace culture. Value: The paper emphasises the importance of research through a detailed examination of the literature on the subject, recognizing the value of diversity in creating a more innovative and productive workplace culture. Type of Paper: Literature Review

The EU's Combating Antisemitism Policy: Agenda Setting and the Making of a ‘European Polity’

AbstractAntisemitism was on the rise after 9/11, yet, until 2015, there was weak policy to address it at the national and EU levels. The following examines why and how antisemitism policy emerged on the EU agenda culminating in the creation of the 2021 comprehensive strategy to combat antisemitism. Utilizing punctuated equilibrium theory, crisification literature and literature on Commission entrepreneurship, the article explores why, although other violent attacks had occurred against Jews, it would take the double attacks in 2015 to bring attention to antisemitism within the Commission. Leadership at the EU level, NGOs working with EU institutions, a working definition of antisemitism, along with pre‐existent EU legal bases in antidiscrimination law, would help promote antisemitism policy to the EU level. The EU's adoption of antisemitism policy demonstrates both Commission agenda setting and prioritizing antisemitism due to its threat to EU fundamental ideals, thus promoting a ‘European polity’ based on values.

Kept in the Closet: Structural Stigma and the Timing of Sexual Minority Developmental Milestones Across 28 European Countries.

Structural stigma's role in lesbian, gay, and bisexual (LGB) people's attainment of identity development milestones remains unknown. In a sample of 111,498 LGB people (ages 15 to 65+) living across 28 European countries, associations were investigated between structural stigma measured using an objective index of discriminatory country-level laws and policies affecting LGB people and the timing and pacing of LGB self-awareness, coming out, and closet duration, and subgroup differences in these associations. On average, self-awareness occurred at age 14.8 years old (SD = 5.1), coming out occurred at 18.5 years old (SD = 5.7), and the closet was 3.9 years long (SD = 4.9); thereby highlighting adolescence as a key period for sexual identity development and disclosure. Greater structural stigma was associated with higher odds of never coming out, later age of coming out, and longer closet duration. Gender identity, transgender identity, and sexual identity moderated associations between structural stigma and these developmental milestones. Reducing structural stigma can plausibly promote sexual identity development among LGB populations, especially during adolescence when identity related milestones are often attained.

The Protected Grounds of Religion and Belief: Lessons for EU Non-Discrimination Law

AbstractThe article draws lessons for EU non-discrimination law from the protected grounds of religion and belief through a discussion of the CJEU’s headscarf judgments. The article has two ambitions. First, the judgments are used to draw broader lessons for EU non-discrimination law, in relation to the distinction between and the justification of direct and indirect discrimination, as well as the purpose of protecting against (religious) discrimination. Second, these lessons are used to analyze the headscarf judgments and the criticism directed at them. While there is widespread agreement that the CJEU erred in these judgments, there is little agreement as to what mistakes were made. Through a discussion of these judgments, the article clarifies the difference between direct and indirect discrimination and the justification of both forms of discrimination. It is argued that the headscarf cases correctly distinguished between direct and indirect discrimination, and that the problem lies in the justificatory burden for indirect discriminatory measures, which was set too low by the CJEU.

Religious schools: a transparent right to discriminate?

ABSTRACT Discrimination laws have long contained exceptions for otherwise unlawful discriminatory conduct. An increasing site of tension has been the exceptions granted to religious schools. These schools maintain that they should be able to adopt an approach to education which reflects the faith-based ethos of the school community. However, there are concerns that some faith-based approaches can cause harm to, and exclude, LGBTIQ+ staff and students. An approach that has been under active consideration in Australia is to allow some discrimination by religious schools so long as they give public notice of their policy of doing so. This ‘notice provision’ exists in several state and territory discrimination laws, and has been considered in recent law reform inquiries across the country. In this paper, we challenge the underlying idea that prior notice justifies discriminatory conduct. We argue that such an approach sits uncomfortably with the conceptual and theoretical underpinnings of discrimination law, and that transparency is an insufficient reason to permit discrimination. Notice provisions appear to evade, rather than answer, the question of how to balance competing human rights to religious freedom and equality. As such, we argue that discrimination by religious schools cannot be justified on the basis of notice.

Pioneers of Precarity

Through oral histories read in tandem with previously untapped archival sources, Margot Canaday's Queer Career unearths an entirely new body of evidence that captures the workplace experiences of a generation of gay and lesbian Americans whose stories have never been told. Canaday does so while making crucial interventions in sociolegal history, the history of gender and sexuality, and the history of capitalism, intertwining those often-siloed genres in innovative and generative ways. My aim here is to highlight just a few of Queer Career's many contributions to the legal history of sex, gender, and sexuality and to the history of social movements and antidiscrimination law.

Caste-ing White Supremacy

This paper examines the landmark 1923 Supreme Court case, United States v. Bhagat Singh Thind, alongside the Hindutva response to a 2020 landmark case, California Department of Fair Employment and Housing v. Cisco Systems Inc. These two cases are in many ways different: while Thind was confronting racial prerequisite laws concerning citizenship, the Hindu right (or Hindutva) is protesting the inclusion of caste in antidiscrimination laws. Yet, reading these together enables us to see how upper-caste South Asians have historically mobilized caste to uphold not only Brahminical, but also white supremacy. While much work on race and caste highlights the parallels between racism and casteism as descent-based discriminations, I illuminate how they intersect, shaping immigrant struggles to establish belonging and rights in the United States. Caste served as a lynchpin for Thind’s case. Thind and his legal team used caste to prove the purity of Thind’s “Aryan blood” and therefore his whiteness and eligibility for citizenship. In doing so, they also reproduced anti-Blackness. Though the Supreme Court rejected Thind’s argument, it retained the idea that caste, race, and blood are linked. Nearly a century later, Hindutva’s response to Cisco appears to want to abolish caste by not naming it. Yet, read alongside the rise of the language of “merit” and “castelessness” in India, and the move to “colorblindness” and model minority racialization in the United States, their “caste-blind” agenda bolsters both Brahminical and white supremacy.

Addressing Gender Disparities in Education: Empowering Girls through Education in Pakistan

Education may transform everyone's life, regardless of gender. Gender bias remains widespread. Pakistan's rural areas are especially bad. Pakistani women have been exploited since independence. Pakistani women rarely receive constitutional rights. Discrimination against women in the job, school, economy, and politics predates the 20th century. 200 teachers and 200 students from around Pakistan were selected for a good sample. A typical questionnaire assessed the girls' school backgrounds, objectives, and gender equality beliefs. At the schools examined men and women had very different educational opportunities. Lack of resources, social pressures, and discriminatory laws and practices make it tougher for girls to receive an education, according to research. The report concludes that broad governmental action to close the gender education gap is important. It offers gender-sensitive classrooms and community-building projects.

“Going Back in the Closet”: Addressing Discrimination Against Sexual and Gender Minority Residents in Long-Term Services and Supports by Providing Culturally Responsive Care

ABSTRACT Sexual and gender minority (SGM) older adults face discrimination in long-term services and supports (LTSS). Yet, SGM older adults use LTSS disproportionately higher relative to their non-SGM counterparts. The discrimination is compounded by existing disparities, resulting in worse health outcomes and well-being for SGM older adults. Guided by socioecological model, we posit that training LTSS staff in SGM responsive care and implementing SGM anti-discrimination policies will be needed to improve care. Considering accessibility and turnover challenges, training should be online, interactive, and easily accessible. Studies that assess interventions for SGM responsive care are needed to guide policy and practice.

The discursive construction of intersectionality in public policy implementation

ABSTRACT After three decades of intensive debate in academic and activist circles, intersectionality has progressively been adopted in public policies. Yet, the challenges of its application are still largely unexplored. This article adopts a discursive approach to study the process of policy implementation of an intersectionality-informed plan in Madrid City Council, Spain. The analysis of materials retrieved through interviews, a focus group, and participant observation enables us to explore how the technical staff interpret intersectionality and links it with other established approaches in equality and antidiscrimination law and policy, namely gender and diversity. We argue that preconceptions and positionality within the institutional structure deeply affect the interpretation of intersectionality and the subsequent action or non-action taken by implementing actors. Our study shows the challenges and opportunities to implement intersectionality in public policies that result from its discursive construction through the frames of gender and diversity.

Dilemma of employment discrimination against American LGBT employees and its judicial response from the perspective of China

ABSTRACT The United States is an unavoidable setting for Chinese academics researching China’s employment anti-discrimination laws. In the U.S. the LGBT employee population has experienced significant employment discrimination and persistent obstacles in pursuing equal employment opportunity rights. The U.S. Supreme Court has broadened the definition of sex discrimination in three recent consolidated cases based on the opinion that discrimination because of sexual orientation and gender identity is essentially sex discrimination, granting LGBT employees equal employment opportunity rights under groundbreaking case law. This is in line with the rationale of the employment anti-discrimination laws, which forbid employers from discriminating against employees based on their immutable and uncontrollable characteristics, and offers extraterritorial experience to improve employment anti-discrimination laws in other countries, such as China.

Structural Stigma and 7-Year Improvement in Life Satisfaction among Diverse Groups of Sexual Minority Individuals: A Repeated Cross-Sectional Study across 28 Countries

Abstract Structural stigma toward sexual minority individuals, in the form of discriminatory laws and prejudicial population attitudes, varies widely across countries and is associated with psychosocial health outcomes. Yet, the association of changes in country-level structural stigma over time, as has recently characterized many European countries, with such outcomes is largely unknown. Using data from sexual minority respondents (2012: n=82,668; 2019: n=96,576) living in 28 European countries, this study analyzes the association between change in structural stigma from 2012 to 2019 and change in life satisfaction among sexual minority individuals during the same period. Results showed that life satisfaction had improved among sexual minority individuals in all countries between 2012 and 2019 (β = 0.33, 95% confidence interval: 0.30, 0.36), but the improvement was stronger among those living in higher-stigma, compared to lower-stigma, countries and more as a function of changing laws than attitudes. Changes also varied by relationship status; the strongest improvement in life satisfaction as a function of decreased structural stigma was found among partnered sexual minority individuals. The findings support the relevance of structural stigma for sexual minority individuals’ life satisfaction and call for further research to understand the differential impact of structural stigma across sexual minority subgroups.

Discrimination against academics and career implications of student evaluations: university policy versus legal compliance

Across the international higher education sector, existing studies highlight that student evaluations of courses and teaching are biased and prejudiced towards academics and can cause mental distress. Yet student evaluation data is often used as part of faculty hiring, firing, promotion, award and grant decisions. That a data source known to be prejudiced and biased is used for employment and career decisions raises questions around whether these university policies are discriminatory towards university staff. This paper investigates these questions via an analysis of: a) what are the common university policies relating to evaluation data collection and its use, b) are these policies leaving academics exposed to discrimination, and c) what types of policies may be leaving universities liable to legal ramifications due to non-compliance with anti-discrimination and workplace health and safety laws? The work demonstrates why most institutions are operating outside the bounds of the law, highlights to academics what types of policies may fail to meet discrimination and workplace laws, and informs university leaders of the actions that may be exposing their universities to legal implications for failing to protect their staff.

Chasing racists, protecting racism: revisiting anti-discrimination law in Colombia

ABSTRACT While some scholars have acknowledged that multiculturalism constitutes a rhetoric of denial of racism, few scholarly studies have empirically scrutinized how multiculturalist states utilize, legitimize, or deny notions of racism and racial discrimination to ‘protect’ Black people from discriminatory practices. This research examines the background and structure of anti-discrimination law in Colombia and asks: What discourses on race and racism prevailed during the legislative process when anti-discrimination law was debated and adopted? Does anti-discrimination law contribute to making visible and preventing racism in the country? I attempt to answer these questions by both uncovering legislative procedures and paying careful attention to the implementation of such law. The article reveals the limited reach of multiculturalist racial states to confront racism and racial discrimination. This research contributes to the study of anti-racist politics in Latin American racial states.

Do discriminatory laws have societal origins? The diffusion of anti-Ahmadiyah regulations in Indonesia

AbstractGovernment laws and regulations discriminating against religious minorities are on the rise worldwide. Scholars have debated whether or not society-based discrimination is a pre-condition for government-based discrimination. Examining an original dataset of regulations discriminating against the Ahmadiyah community in Indonesia, this article argues that calls from within society to restrict the freedom of religious minorities are neither a sufficient nor a necessary condition for the rise of discriminatory government regulations. Instead, governments may emulate other governments and adopt laws and regulations discriminating against religious minorities without any immediate societal pressure preceding it. Hence, future research needs to consider theinterdependencebetween jurisdictions as an important driver of laws and regulations discriminating against religious minorities.

Formalisation of Workforce and Legal Protection Including Social Security for Unorganised or Informal Workers

The casual or sloppy area assumes a huge part in numerous economies, utilizing an enormous piece of the labor force. However, these workers frequently do not have access to legal protections, such as benefits from social security, making them susceptible to exploitation and economic instability. The formalization of the workforce and the implementation of legal frameworks to provide social security for informal or unorganized workers are the subjects of this research paper. It offers policy suggestions to improve the conditions of informal workers, highlights successful case studies from various regions, and examines the difficulties and benefits of formalization. According to the findings, the well-being of informal workers can be improved and inclusive economic growth promoted by formalization in conjunction with comprehensive legal protections and social security measures. Recognizing and incorporating informal workers into legal frameworks and social security systems, guaranteeing their rights, and improving their overall working conditions are all components of formalizing the workforce. Legal safeguards like minimum wage laws, occupational health and safety regulations, and anti-discrimination laws must be extended to the informal sector. Governments, trade unions, employers' associations, and organizations representing civil society all need to work together on this formalization process. The formalization of the labor force and the arrangement of lawful assurances, including government backed retirement, offer various advantages. It improves social cohesion, encourages inclusive economic growth, and helps to reduce poverty. The productivity and efficacy of the informal sector can be enhanced, the transition to formal employment can be made easier, and economic growth can be sparked by formalizing the workforce. Equal treatment and access to rights for all workers, regardless of employment status, ensures social justice, empowers workers, and reduces inequality. While formalizing the labor force and carrying out legitimate insurances for chaotic or casual specialists is an intricate and long haul process, it is pivotal for making a more impartial and practical work market. Governments and stakeholders can work toward creating an environment where all workers are afforded equal opportunities, protection, and social security, fostering a more just and resilient society by prioritizing the formalization agenda and adopting inclusive policies.

Inflammatory Comments in the Workplace? No Problem, Says NLRB

Imagine being restricted in the ability to regulate workplace conduct, even to the extent that it might violate antidiscrimination laws? The NLRB, in Lion Elastomers LLC, 372 NLRB No. 83 (2023), has effectively stripped away the ability of employers to adequately regulate workplace comments. As for comments that may also violate antidiscrimination laws, the widely regarded pro‐union agency effectively told employers, “Trust us, we'll know the difference.”