Discrimination Cases Research Articles

The Visible ‘Caste Gaps’ amid an ‘Invisible’ Caste System in West Bengal, India: A Study of Discrimination in Bengali Society

The invisibility of the caste system in Bengal is so firmly ingrained in the psyche of the upper-caste Bengali Hindu population that any acknowledgement of the same by the bhadralok class appears to be a pipe dream. This moral high ground of the bhadralok directly stands antithetical to the rampant cases of caste-based discrimination in the aforementioned state on a regular basis. However, this very inconspicuous nature of the caste system in Bengal has been hogging the centre stage of academic attention in recent years and has become a well-studied phenomenon in the process. Several scholars have catapulted fresh discussions on the visibly strong undercurrents of the caste system in Bengal and accorded a new legitimacy to the different ways in which caste caters to exclusion and discrimination on socioeconomic lines. Still, Bengal’s caste system remains relatively mild and lenient in popular perceptions compared to other states, owing to its strong pedigree as a cultural hotbed. Amid this invisibility of caste in public understanding, the economic (and occupational), religious, ideological and cultural gaps exuding from the allegedly ‘invisible’ caste system between the ‘bhadralok’ class and the marginalised communities are ironically very visible. Nevertheless, such existing caste gaps in several fields have remained relatively unexplored as there is not a great deal of scholarship acknowledging the tangible presence of these gaps. Therefore, I have, in my article, attempted to analyse these patent apertures and the lack of reciprocity in occupational, cultural and ideological transactions between the bhadralok and the so-called ‘chotolok’ as the byproducts of the deeply ossified caste hierarchy in Bengal that has gradually whittled away the human agency of the state’s severely disadvantaged marginalised groups.

CONCESSÃO DE DIÁRIAS NO ESTADO DE RONDÔNIA: A RESTITUIÇÃO DE DIÁRIA CONCERNENTE A GUARDA SABÁTICA DO SERVIDOR ADVENTISTA

The provision of per diems in public service aims to cover the expenses of employees who travel for work outside their regular location, such as food, lodging, and transportation. However, questions arise when religious beliefs are involved, especially in the case of Seventh-day Adventist employees, who observe the Sabbath as a period of rest, abstaining from labor from sunset on Friday to sunset on Saturday. This study examines whether Adventist employees, who are away from their regular location during this period, should return the per diems received for these days, even without performing work activities. Although current legislation does not specifically address this issue, the goal is to clarify the purpose of per diems and determine whether there is a valid justification for requiring such reimbursement. Moreover, the study seeks to identify legal arguments that ensure the right to receive the full per diem, fostering an inclusive and respectful work environment free from religious discrimination. With clear guidelines, the government can prevent cases of discrimination and ensure that religious rights are respected, promoting equity in the treatment of all employees.

Digital Activism Communications and Gender Equality Efforts: The #WeRaceAsOne Movement in Media Social by F1 Fans

The Formula 1 or F1 community is characterized by cases of gender discrimination and sexual harassment, such as the assumption that women do not deserve to like F1 and the Christian Horner harassment case that was not followed up. The purpose of this study is to analyze the form of digital activism used by F1 fans in addressing issues within the F1 community. The research method used is with a qualitative approach and focuses on content analysis. Content analysis of social media posts shows two main purposes for using the hashtag: (1) supporting victims of sexual harassment and (2) rejecting double standards against women in the F1 community. This research concludes that the #WeRaceAsOne hashtag initiated by F1, can be used by fans as a digital activism movement to solve the problems experienced by women in F1.With digital activism movements such as the use of the #WeRaceAsOne hashtag, it is expected to raise awareness, audience solidarity, support victims, ask F1 to be more assertive, and defend female fans who experience discrimination.

Particle identification capability of a homogeneous calorimeter composed of oriented crystals

Recent studies have shown that the electromagnetic shower induced by a high-energy electron, positron or photon incident along the axis of an oriented crystal develops in a space more compact than the ordinary. On the other hand, the properties of the hadronic interactions are not affected by the lattice structure. This means that, inside an oriented crystal, the natural difference between the hadronic and the electromagnetic shower profile is strongly accentuated. Thus, a calorimeter composed of oriented crystals could be intrinsically capable of identifying more accurately the nature of the incident particles, with respect to a detector composed only of non-aligned crystals. Since no oriented calorimeter has ever been developed, this possibility remains largely unexplored and can be investigated only by means of numerical simulations. In this work, we report the first quantitative evaluation of the particle identification capability of such a calorimeter, focusing on the case of neutron-gamma discrimination. We demonstrate through Geant4 simulations that the use of oriented crystals significantly improves the performance of a Random Forest classifier trained on the detector data. This work is a proof that oriented calorimeters could be a viable option for all the environments where particle identification must be performed with a very high accuracy, such as future high-intensity particle physics experiments and satellite-based γ-ray telescopes.

Intersectional discrimination and EU law: Time to revisit Parris

In this article it is argued that the CJEU judgment in Parris needs to be revisited to recognise that intersectional discrimination is covered by the EU anti-discrimination Directives. There are several reasons for this. First, a prohibition of intersectional discrimination is now laid down in an EU anti-discrimination Directive (Directive, 2023/970/EC); second, this would fit in with developments in the EU Commission, Council and Parliament; third Parris turns on its own facts; fourth a purposive or capacious interpretation of these Directives already allows for such discrimination to be included in the Directives; fifth, the shift in CJEU case law towards a intra-group comparison for discrimination can make comparisons in intersectional discrimination cases easier. It is argued that without acknowledging that intersectional discrimination is covered by the EU anti-discrimination Directives, victims of such discrimination, like Mr Parris and others, like headscarf wearing women, might be left without a remedy when they suffer discrimination on a combination of grounds.

Mengoptimalkan Pengimplementasian Pelatihan dan Pengembangan Pelayanan Tenaga Kerja kesehatan di RSUD Sawerigading

This article discusses the implementation of training and development of health workforce services at Sawerigading Hospital to overcome cases of discrimination between BPJS and non-BPJS patients. This research uses a literature review method with a qualitative approach and highlights the need for increased HR training and development for the optimization of health services. The results showed the importance of improving the skills, knowledge, and inclusive culture of health workers, as well as involving the community in efforts to improve service effectiveness. RSUD Sawerigading has committed to improving employee competencies through technical, soft skills, self-development, and specialization training programs to improve overall health services. Concrete steps are needed to address discrimination against BPJS patients and improve staff understanding of ethics and professionalism in health services to achieve optimal service.

Glottopolitics of Prophecy

Abstract This article examines the secular use of prophecy and its appearances in Spain during the 2020 pandemic. It argues that prophecy functions as a cultural and political gesture with prescriptive potential over the future. As a glottopolitical tool (i.e., one that imbricates language and politics), it is contested between elites and subalterns articulating class warfare. Here, prophecy from above is analyzed through the concept of the “new normal,” which allowed Spanish politicians to predefine immediate future and safeguard the integrity of the capitalist system. As an example of prophecy from below, the article analyzes Lengua o muerte, a poetic text by Dani Zelko and the Movimiento por la lengua, which denounces the death of Mohammed Hossein during the pandemic as a case of linguistic discrimination. The author concludes that the discursive undertaking deployed in the book involves prophecy as a strategy of resistance against dispossession and projects a future of inclusion and emancipation.

Analisis Permendkbudristek No. 46 Tahun 2023 Terhadap Kekerasan Struktural Yang Terjadi Pada Aliran Kepercayaan Sapto Darmo Di Kabupaten Kendal

Findings of structural violence in the world of education continue to occur today. One type of structural violence that often occurs in the educational environment is educational discrimination against minorities. Cases of educational discrimination were also experienced by the Sapto Darmo sect of faith in Kendal Regency, some of whom experienced difficulties in obtaining formal education. In fact, Kendal is one of the districts in Central Java Province which has 5 developing religious beliefs, one of which is the Sapto Darmo Belief. The purpose of this research is to find out whether Permendikbudristek Regulation No. 46 of 2023 can be used as a legal umbrella for adherents of the Sapto Darmo belief in Kendal Regency or whether this regulation is just a formality. The method used in this research is analyzing the policy results of Minister of Education and Culture Regulation No. 46 of 2023 on the Sapto Darmo belief sect in Kendal Regency using empirical juridical analysis. In particular, this research is targeted to be a reference source for the Kendal Regency Government in providing equal educational rights for adherents of the Sapto Darmo belief system. The results of this research show that Permendikbudristek No. 46 of 2023 has been implemented well for students who adhere to existing beliefs in Kendal Regency, especially the Sapto Darmo belief sect. The conclusion of this research is that the violence that was previously feared would befall religious students in Kendal Regency has gradually improved and there are no longer any reports of schools prohibiting religious students from entering school. If in the future there are still schools that prohibit this, the Kendal Regency Government and the Kendal Regency Education and Culture Office will seek mediation and legal action.

General measurements with limited resources and their application to quantum unambiguous state discrimination

In this report, we present a framework for implementing an arbitrary n-outcome generalized quantum measurement (POVM) on an m-qubit register as a sequence of two-outcome measurements requiring only single ancillary qubit. Our procedure offers a particular construction for the two-outcome partial measurements which can be composed into a full implementation of the measurement on any gate architecture. This implementation in general requires classical feedback; we present specific cases when this is not the case. We apply this framework on the unambiguous state discrimination and analyze possible strategies. In the simplest case, it gives the same construction as is known, if we opt for performing conclusiveness measurement first. However, it also offers possibility of performing measurement for one of the state outcomes first, leaving conclusiveness measurement for later. This shows flexibility of presented framework and opens possibilities for further optimization. We present discussion also on biased qubit case as well as general case of unambiguous quantum state discrimination in higher dimension.

The value of the concept of discrimination in contexts of migration: the case of structural discrimination

ABSTRACT This article considers the question of the value and limits of the concept of discrimination for the ethics of migration by drawing attention to the need for a conceptualization of discrimination that can encompass forms of group-based disadvantage that are enabled and reproduced by the three central norms of our contemporary regime of global migration governance: the state’s right to unilateral control over its border regime, birthright citizenship and rights of (re)entry to one’s own state, and the individual right to leave a state. I sketch an historical account of the forging and yoking together of these norms as bound up with the history of European imperialism and argue that they function to enable the reproduction of the advantage of states of the Global North. I illustrate this argument by reference to the example of the transnational migration of medical professionals from sub-Saharan Africa and argue that this may amount to structural discrimination against the human right to health of the populations of these states of emigration before considering two responses to this condition: ‘no recruitment’ and ‘no disadvantage’.

INTERNALIZING INCLUSIVE ISLAMIC VALUES AT MUSLIM OI BURA: A COUNSELING CONCEPTUAL

Islam openly accepts differences in human beliefs on this earth. According to Islam, diversity is considered a necessity, so differences in beliefs are also normal. However, the social reality that occurs is that there are still practices of religious discrimination in society, such as the case of religious discrimination carried out by a group of Muslims in Tambora against local Hindus. This article aims to develop the concept of counseling as an effort to handle problems. The research method used is a literature study with data collection techniques from books and journal articles. This research produces the concept of a counseling group approach using the REBT technique as an alternative to eliminating negative prejudices that hinder the birth of tolerance. The REBT technique used also adopts Islamic values. This step aims to suppress irrational beliefs by refreshing the meaning of inclusive Islam. In the process, it is hoped that it will be able to support the formation of an attitude of tolerance in the Muslim community in Tambora.

Effects of medicalization on case outcomes in transgender employment discrimination court decisions.

Some attorneys and legal scholars argue that medicalizing transgender plaintiffs (i.e., introducing plaintiff diagnoses and/or medical procedures) in discrimination cases will enhance favorable plaintiff outcomes. Research and theory linking biological essentialism (i.e., believing social groups reflect biologically-rooted, stable categories) to prejudice, however, suggests that medicalizing transgender plaintiffs might not help them win cases and might instead backfire and harm their case outcomes. To test these competing hypotheses, we coded all published cases involving alleged transgender discrimination (N=124) from 1974 to 2021. Importantly, we addressed limitations of existing research that narrowly defined transgender plaintiff medicalization exclusively via diagnosis by documenting various other forms of medicalization beyond diagnosis. Contrary to legal scholars' claims and attorney intuitions, medicalization did not predict favorable outcomes for transgender plaintiffs. In fact, various forms of medicalization beyond diagnosis predicted negative plaintiff case outcomes. We discuss the implications of this research for informing scientific theory and legal practice.

The role of European equality bodies to address algorithmic discrimination

European Union (EU) seems to have the aim to strengthen the role of equality bodies and encourage the expansion of their scope of application, their functions and their powers. This implies that they can play an essential role in challenging discriminatory decisions made through algorithmic systems. Due to the possibility they have to access information, to issue binding decisions in individual or collective cases of discrimination or to initiate court proceedings in their own name, they seem like the best positioned to offer an effective protection against algorithmic discrimination. In this article, we study the latest regulatory proposals relating to these bodies and which functions they must carry out to help people that have been discriminated against by artificial intelligence systems. Notwithstanding we argue that equality bodies have a privileged position to deal with discriminatory automated decisions, they need independence and human, technical and financial resources to perform all its tasks and to exercise all its competences effectively, and this is not always guaranteed.

From Discrimination to Dismissal: Navigating Obstacles on the Path to Workplace Justice

Abstract This article explores the challenges faced by employees in the Czech Republic when seeking legal redress in cases of discrimination and unfair dismissal. It emphasizes the importance of accessible legal recourse as a means to rectify individual grievances and reinforce equitable employment practices. In the context of discrimination, the article discusses challenges such as low awareness of anti-discrimination rights and the ancillary nature of sanctions. Recommendations include aligning the Anti-Discrimination Act with the Civil Code, empowering NGOs or the Ombudsman to initiate lawsuits in the public interest, and raising awareness among potential victims. In the section on unfair dismissal, the article outlines the complex process involved in disputing terminations from an employee’s perspective. It discusses obstacles such as complex, costly, and lengthy legal procedures and the requirement for reinstatement. These challenges contribute to the low number of employment lawsuits in the Czech Republic. Recommendations for improvement include enhancing the visibility of court actions, providing free or subsidized legal advice, shifting the focus of lawsuits towards monetary compensation, promoting mediation, and expediting proceedings. The article identifies common challenges in discrimination and unfair dismissal cases in the Czech Republic, highlighting the need for reforms to improve access to justice, reduce financial barriers, expedite legal proceedings, and enhance the dissuasive impact of remedies. These reforms are seen as essential for creating a fair and equitable workplace environment for all employees in the country.

Implementasi Nilai Pancasila Dalam Mewujudkan Toleransi Kepada Penyandang Disabilitas

This research aims to examine whether people in Indonesia have implemented the values of Pancasila in realizing tolerance for people with disabilities. In reality, as we know, there are still many cases of discrimination against people with disabilities, there is still a lack of availability of special facilities for people with disabilities, and weak law enforcement. The research method used is a qualitative method. By using literature review data collection techniques by reviewing various literature such as articles and journals that are relevant to the topic of discussion, as well as using interview techniques. It is hoped that the results of this research can increase insight and understanding of the implementation of Pancasila values in realizing tolerance for people with disabilities so that we are able to become a society that is tolerant towards people with disabilities and can provide support in the form of participation, as well as disseminating information through social media in realizing the importance of tolerance towards people with disabilities.

Consensual discrimination

Abstract What makes discrimination morally bad? In this paper, we discuss the putative badness of a case of consensual discrimination to show that prominent accounts of the badness of discrimination—appealing, inter alia, to harm, disrespect, and inequality—fail to provide a satisfactory answer to this question. In view of this, we present a more promising account.

An Overview of Human Rights Violations Against Racial Discrimination: Case Study of Racism Against Vinicius Jr

The author’s overarching goal is to analyze the Racial discrimination that remains a significant issue worldwide, leading to severe human rights violations. The problem formulation aims to investigate the prevalence and impact of racial discrimination, using a case study of racism against Vinicius Jr (a professional football player). By examining this specific case, we can gain insight into the broader problem of racial discrimination, explore the challenges individuals face, and assess the efforts made to address this violation of Human Rights. By studying the case of racial discrimination against Vinicius Jr, this research aims to shed light on the broader issue of human rights violations resulting from racial discrimination. The research uses normative legal research, which studies the case approach and collects data from journal articles, books, and websites. The study's outcomes will contribute to a deeper understanding of the challenges individuals like Vinicius Jr face and provide insights into effective strategies to combat racial discrimination in football and society. Ultimately, the research aims to promote equal treatment, inclusivity, and respect for human rights, fostering a more just and equitable environment for all.

The economic and social costs of body dissatisfaction and appearance-based discrimination in the United States

ABSTRACT This study estimated the social and economic costs of body dissatisfaction and appearance-based discrimination (specifically, weight and skin-shade discrimination) in the United States (USA) in the 2019 calendar year. We used a prevalence-based approach and a cost-of-illness method to estimate the annual cost of harmful appearance ideals for cases of body dissatisfaction and discrimination based on weight and skin shade. Impacts on conditions/illnesses such as eating disorders that are attributable to body dissatisfaction, weight discrimination and skin-shade discrimination were identified through a quasi-systematic literature review, which captured financial, economic, and non-financial costs. For each impact attributable to body dissatisfaction or appearance-based discrimination, annual health system and productivity costs (or labor market costs) were primarily estimated by using a population attributable fraction methodology. Only direct costs that resulted from body dissatisfaction and appearance-based discrimination were included (for example, costs associated with conditions such as depression attributable to body dissatisfaction or appearance-based discrimination). In contrast, indirect costs (e.g. costs associated with a health condition developed following skin bleaching, which was undertaken as a result of body dissatisfaction) were not included. In 2019 body dissatisfaction incurred $84 billion in financial and economic costs and $221 billion through reduced well-being. Financial costs of weight discrimination and skin-shade discrimination were estimated to be $200 billion and $63 billion, respectively, and reduced well-being was estimated to be $206.7 billion due to weight discrimination and $8.4 billion due to skin-shade discrimination. Sensitivity testing revealed the costs likely range between $226 billion and $507 billion for body dissatisfaction, between $175 billion and $537 billion for skin-shade discrimination, and between $126 billion and $265 billion for weight discrimination. This study demonstrates that the prevalence and economic costs of body dissatisfaction and weight and skin-shade discrimination are substantial, which underscores the urgency of identifying policy actions designed to promote prevention.

Dismissal, legibility and the normalising of colonial misrecognition

The judicial act of dismissal in discrimination cases involving diasporic or minority populations is part of a larger cultural approach to diasporic subjects. Racial dismissal includes judicial as well as larger cultural forms of dismissal, whereby an authority judges a speaker’s grievances as implausible or unworthy of consideration, often due to cases of misrecognition or illegibility to a hegemonic culture or authority. Here the author draws on Kristie Dotson’s notion of epistemic silencing, which illustrates that grievances from diasporic subjects are dismissed because they fall outside settler-colonial norms, and are apprehended as trivial or illegitimate. Hence, dismissal is based on a sustained and protected misrecognition of diasporic populations.

Travel insurer to pay $1.5M in mental health discrimination case

Allianz, the world's largest travel insurance company, will pay $1.5 million to settle a civil rights lawsuit that alleged the company discriminated against Washington residents with mental health conditions. A civil rights trial was set to begin Jan. 17, The Seattle Times reported. According to the Washington attorney general's office, the company had a policy that excluded coverage for “mental and nervous health disorders” including dementia, schizophrenia, post‐traumatic stress dis‐order and other mental health conditions. “Allianz would accept a claim over a broken foot, but not a life‐altering mental health diagnosis — that's not fair, and it's not lawful,” said Washington Attorney General Bob Ferguson. Allianz will pay about $800,000 to reimburse customer's travel losses and premiums, plus interest, and about $700,000 for the costs of the litigation, investigation and distribution of the financial restitution. Allianz has since entered a consent decree and changed its policy to remove the mental health exclusions, according to the attorney general's office.