Anti-discrimination Research Articles

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.

Structural inequality and the protectorate of discrimination law

This article asks whether discrimination law should be symmetrical: whether it should offer the same level of protection to dominant and dominated groups. It articulates a structural inequality theory of the moral foundations of discrimination law and defends it against prominent alternatives, such as the view that discrimination is wrong because it is irrational or disrespectful. The paper then argues that while direct discrimination is symmetrical, indirect discrimination is asymmetrical. It cannot be claimed by those – men, or white persons – who are not at the sharp end of structural inequality. Furthermore, even dominated groups cannot claim to be indirectly discriminated against by just any law that has a disparate impact on them. If the structural inequality view is correct, the protectorate of discrimination law is not as extensive as is commonly assumed.

Reforming School Choice Systems to Reduce Segregation in Schools: A Comparative Political Economy Study of Education Reform in Belgium, Chile, and the Netherlands

ABSTRACT This study offers a comparative examination of desegregation policy reforms in Belgium, Chile, and the Netherlands, addressing equity reforms to universal school choice systems. Through an analysis of the reform trajectories, we explore the evolution of policies, the causal mechanisms of change, efforts to institutionalize policies, and the sources of resistance to reform. We then undertake a cross-national comparison to discern trends and confirm or disconfirm theorized causes. Policy strategies from each context included nondiscrimination policies, fiscal incentives, and eventually reform of admissions procedures. Causal mechanisms facilitating equity reforms included shifts in political context, grassroots mobilization, generated focusing events through scholarly work and reports of civil society and transnational actors, and effective framing. Oppositional forces from non-state school networks and middle-class/white parents emerged in each context, affecting reform design and the path to institutionalization, but were unable to block reforms. The resulting reforms in each context were the products of compromise that retreated from deeper structural changes, likely mitigating the effects of reforms on school-based segregation.

Bridging diversity management and intellectual capital: insights and impacts in healthcare organizations

PurposeThe study examines the relationship between diversity management (DM) and intellectual capital (IC) in healthcare organizations. It aims to understand how embracing diversity across various domains – including cultural, gender and physical ability – enhances strategic value and competitive edge among healthcare institutions. This study is among the first papers to link DM and IC in the healthcare setting.Design/methodology/approachThe two-phased methodological framework began with a bibliometric analysis of previous literature to distil significant variables commonly associated with DM in healthcare. Subsequently, based on the identified variables, the policy and planning documents of 17 Italian healthcare organizations were mapped to assess how well European Commission policies promoting the integration of DM into IC have been adopted, identifying any key oversights.FindingsA significant link exists between effective DM and enhanced IC, particularly in fostering an inclusive organizational culture that values diverse employee backgrounds. This enhancement is evident in the increased recognition of varied cultural perspectives, improved gender diversity in leadership positions and the implementation of comprehensive anti-discrimination policies. Despite these benefits being recognized theoretically, the extent of practical application in healthcare settings varies. Some organizations show robust integration of these principles, while others exhibit significant gaps, especially in the Italian sample analysed.Originality/valueThis research underscores DM’s critical role in strengthening IC, particularly within the healthcare sector, which demands a high level of interpersonal interaction and cultural competence. The study’s insights encourage healthcare organizations to adopt more strategic approaches to DM, ultimately contributing to a more equitable healthcare system.

The development of indirect discrimination law in India: Slow, uncertain, and unsteady

ABSTRACT On 25 March 2021, the Supreme Court of India formally recognized the legal concept of indirect discrimination in Lt Col Nitisha v Union of India. This article uses Nitisha as a point of inflexion to study the development of Indian indirect discrimination law and Nitisha’s contribution to this development. It shows that indirect discrimination law is more complex and contested than it appears when focusing solely on Nitisha. By zooming out and considering what Nitisha adds to pre-existing law and how it has been received in subsequent judgments, the article argues for a measured view of Nitisha’s contribution and, in turn, of the state of Indian indirect discrimination law. Importantly, judicial recognition of indirect discrimination remains slow, uncertain, and unsteady. Even in the few cases where it has been recognized, the concept of indirect discrimination remains abstract and indeterminate, and questions on its adjudication remain far from resolved.

The role of collective interest representatives in enforcing EU labour rights

This article explores the role of collective interest representatives (CIR) in the enforcement of EU labour rights. To that end, the article starts with an analysis of the regulation of CIR in other fields of EU law, particularly consumer protection law and non-discrimination law. The analysis follows the approach of the Court of Justice of the European Union (CJEU) in cases on the legal standing of actors to enforce EU rights, namely, by defining first the protective scope as a matter of Union law itself based on a textual and teleological analysis and, second, the margin of discretion left to Member States to exercise their own procedural autonomy, including the possibility for Member States to determine locus standi according to their own legal systems. The article continues with drawing inspiration from forms of CIR in international and transnational law, particularly the collective complaints procedure of the European Social Charter (ESC), the representation procedure of the International Labour Organization, and the specific instances of the National Contact Points of the Organisation of Economic Cooperation and Development (NCP OECD). The article concludes with an assessment of the acceptance of CIR in the enforcement of (EU) labour rights from a substantive perspective and elaborates on the possible tasks, requirements, and powers of CIR in enforcing EU labour rights.

The Effects of Policy-Interested Bureaucrats on State and Local Policymaking

From 1971 to 2023, 19 states, 24 counties, and 105 cities passed Source-of-Income Anti-Discrimination (SOI) laws, outlawing landlord discrimination against tenants receiving rental assistance. I present a theory of bureaucratic involvement in state and local policymaking, arguing that policy-interested local bureaucratic agencies—signaled by participation in a national membership organization—elevate mission-relevant policy problem definitions to the legislative agenda and motivate the passage of legislation. I present results from a Cox Proportional Hazards Model which demonstrates that SOI laws are significantly more likely to be enacted in cities, counties, and states associated with a public agency which is a member of the Council of Large Public Housing Authorities, even compared to jurisdictions associated with non-member Public Housing Authorities of similar sizes.

Addressing gender inequality in tech workplaces: Challenges and opportunities

Gender inequality in the tech industry remains a significant barrier to innovation and growth. This review paper explores the historical context and current landscape of gender inequality in tech workplaces, highlighting persistent issues such as biased hiring practices, career advancement barriers, and challenges related to workplace culture and work-life balance. The paper examines opportunities for addressing these inequalities through policy and regulatory changes, corporate initiatives, and educational and training programs. Recommendations for improvement include implementing comprehensive diversity and inclusion programs, enacting more substantial equal pay and anti-discrimination laws, and integrating tech education from an early age. Future research areas are suggested to understand the root causes of gender inequality better and evaluate the effectiveness of existing initiatives. Addressing gender inequality in tech is essential for equity and leveraging the full potential of a diverse workforce.

An Analysis on Caste Practices and the Vulnerabilities Faced by Burial Ground Workers in Sivagangai District, Tamil Nadu

Tamil Nadu is a state combined with multi-religious, multi-ethnic and inequality. Formally, Caste is being an indispensable part of cremation process. Whether it is traditional or new techniques it all based on the caste practices followed by each community. The aim of the study is to analysis the caste practices and the vulnerabilities faced by cremation ground workers. It deals with the burying process and preparation of crematorium. The purpose of this analysis is to examine the status and caste differences faced by the crematorium workers in Sivagangai District of Tamil Nadu. The objectives of the Study have discussed to study the discrimination faced by burial ground workers. To analysis the impact of discrimination and the status of crematory workers. To Enact an inclusive policy to build up the marginalized cremation workforce in Sivagangai District of Tamil Nadu. Result of the study implementing the policy measures to create a more inclusive, social and economic equality for the burial ground workers, addressing longstanding gender and caste disparities. These policies aim to create a more inclusive and equitable environment for burial ground workers by addressing gender and caste disparities. Formalizing employment, enacting anti-discrimination laws, and ensuring job security will offer stability and recognition for those in this essential industry, fostering social justice and equality. Findings of the study on Caste intersects with class, gender, and religion, creating complex layers of discrimination that particularly affect burial ground workers, who often face social stigma and marginalization. Predominantly from lower caste, these workers endure systemic discrimination, low wages, job insecurity, and significant occupational hazards, such as exposure to pathogens and harsh working conditions, all while playing a crucial role in public health and the execution of cultural and religious rituals. Living in segregated communities, their families experience social ostracism and limited access to essential services, yet they demonstrate resilience through community solidarity, with local organizations advocating for their rights and improved conditions. Conclusion of the study have the caste system's deep-rooted influence continues to affect Indian society, highlighting the need for ongoing efforts toward social justice. Burial ground workers play a critical, yet often overlooked, role, facing social stigma and poor working conditions. Addressing these challenges requires a multifaceted approach that includes legal, social, and economic interventions. Recognizing their contributions and vulnerabilities has been essential for fostering greater inclusivity and equality in the society. This study emphasizes the importance of acknowledging and supporting these workers to promote social progress.

Student Resources and Retention Among Transgender and Nonbinary College Students

ABSTRACTTransgender and nonbinary (TNB) college students are more likely to drop out of college than their cisgender peers. While robust previous literature has focused on individually experienced stressors, this paper looks at the structural supports offered by the institution. One hundred and fifty‐four TNB college students were asked about the resources available on their campuses, their sense of safety on campus, and whether they intended to drop out of college. Campus resources and supports were associated with a greater sense of safety, and in turn, less of a desire to drop out of college. Some resources such as a nondiscrimination policy that includes gender identity, LGBTQ+ student organizations, all‐gender bathrooms, an LGBTQ+ resource center, and a policy allowing nonlegal name changes on official documents were more frequently reported by participants as available, while other resources such as gender inclusive housing and appropriate health services were perceived as less available. However, there was wide variability in the availability of resources. The present study suggests that TNB inclusion policies and practices should be of high priority for higher education institutions.

Polish Forced Labourers in the Klaipėda Region during World War II

This paper examines the plight of Polish forced labourers in the Klaipėda region during World War II, shedding light on a lesser-known aspect of Nazi occupation policies. Drawing on a database maintained by the Polish Institute of National Remembrance, the author collected data on nearly 2,000 Polish individuals subjected to forced labour in Klaipėda. Through archival research and analysis of personal testimonies, the study explores the demographics, origins, working conditions, and treatment of these labourers. The occupation of Klaipada by Nazi Germany resulted in the displacement of local populations and the influx of foreign workers to meet wartime labour demands. Polish labourers, predominantly young and from economically disadvantaged regions like Ciechanów, were among those forcibly mobilized. They were subjected to harsh treatment, discriminatory laws, and often found themselves in precarious working and living conditions. The paper highlights the experiences of Polish labourers in various industries, including construction and agriculture, and examines the motivations behind their escapes from forced labour. It also addresses the sensitive issue of sexual violence against female Polish workers, which remains largely overlooked in historiography. The liberation of Klaipėda by Soviet forces in 1945 brought an end to forced labour in the region, but many labourers faced further hardships, including mistreatment by Soviet authorities. The paper concludes with reflections on the post-war reparations process and calls for further research and cross-border cooperation to fully understand the history of forced labour in the Klaipėda region and its lasting impact on affected communities.

The Synergistic Health Threats of State Laws Targeting Marginalized Groups in the United States

Discriminatory state laws have deleterious effects on the health of socially marginalized groups. Health care clinicians, institutions, researchers, and research funders have tended to view different discriminatory laws in isolation, focusing on particular issues or groups. In contrast, intersectionality calls attention to the overlapping and synergistic systems of oppression that discriminatory legislation promotes or upholds, warranting an integrated analysis of these laws. In this analytic essay, we assess discriminatory state laws simultaneously and discuss their implications for health care clinicians, institutions, and researchers. We present a multifunctional model of law and population health that describes how discriminatory law affects health outcomes among marginalized groups. We then draw on publicly available legislation trackers to identify 30 states that have enacted legislation since 2020 that targets Black people and other people of color; lesbian, gay, bisexual, and queer people; transgender and nonbinary people; and women and other birthing people. Finally, we call for a coordinated, multilateral, and forceful effort by health care professionals, institutions, researchers, and research funders to counter these laws and address their predictable health consequences. ( Am J Public Health. Published online ahead of print September 19, 2024:e1–e9. https://doi.org/10.2105/AJPH.2024.307830 )

Advancing consensual non‐monogamy in psychological research, practice, and policy: A guide for psychologists

AbstractIn this article, we present a brief overview of the topic of consensual non‐monogamy (CNM) as a scientific inquiry, including reviews related to stigma, relationship functioning, and health and well‐being. Next, we discuss how psychologists can be more responsive to people who engage in CNM, by (1) conducting research that is inclusive of CNM, including challenging mononormativity in theory and measurement; (2) training clinicians to be more knowledgeable about CNM, including expanding diversity requirements and evidence‐based clinical practice; (3) working in advocacy to help shape law and policy, including future directions for research to inform marital/family and antidiscrimination law. Our goal is to discuss challenges while providing actionable recommendations for how psychologists can move forward in their respective domains to be inclusive of people engaged in CNM.

PARENTAL DUTIES OF NON-DISCRIMINATION AND THE SCOPE OF ANTI-DISCRIMINATION LAW

Abstract Parents’ discrimination against their children is lawful. But the family, as an institution in which social goods are allocated, is as significant as the sites in which anti-discrimination law operates. At least prima facie, therefore, parents should be governed by legal prohibitions on discrimination. While state incursion into family life poses a threat to children’s autonomy, so does parental discrimination against children. Anti-discrimination law therefore needs new institutions to promote the values of non-discrimination in a part of society that currently sits outside anti-discrimination law’s reach. We identify existing regimes that may provide a starting point for this work.

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.

US Bipartisan Consensus on China: The Making and the Implementation

According to the most experts, there is a bipartisan consensus in the United States regarding China: both parties recognize that China poses an existential threat to the United States, its economy, socio-political structure and the role as a global leader. This core conceptual consent represents a clear contrast with the endless battles between Democrats and Republicans in the domestic political arena, blocking any legislative initiatives and the development of a unified sociopolitical agenda for the country. This rare unity has made many observers to claim the emergence of a new external enemy, in the face of which America will be able to overcome its identical crisis and to come back to national unity. The political elite also actively uses the image of the enemy, calling on the Nation for unity. This article is aimed to understand what lies behind political slogans and the bipartisan concept of confronting China. The study is based on the analysis of several sources that make it possible to judge the attitude towards China in the United States along party lines, specific to each level of the party-political system party platforms at the federal level, legislative initiatives at the state and city levels, public opinion polls at the level of the society. The research hypothesis is that Democrats and Republicans, who agree on the conceptual vision of the Chinese threat, offer different ways to counter it. The difference in methods of struggle stems from different ideological and value models that manifest themselves in the implementation of both the socioeconomic agenda within the country and foreign policy strategies in the international arena. The unity of the parties ends exactly by the developing of a conceptual framework for confrontation with the opponent. The implementation of specific steps of the anti-Chinese agenda at the state and city levels is taking place in accordance with the ideological and political guidelines of each party, and the public attitude towards the Chinese threat demonstrates a clear split along party lines. The conceptual positioning of a new external enemy instead of unification brought to the United States anti-Chinese hysteria among conservative politicians at the state level, which was realized in the adoption of discriminatory laws in Republican states against Chinese citizens and a new wave of anti-Chinese sentiment in society, manifested in outbreaks of violence against Asian minorities.

Mental health challenges within the LGBTQ community: A societal imperative.

The LGBTQ community faces specific stressors rooted in societal discrimination, bias, and marginalization, impacting mental health significantly. Persistent discrimination, exclusion, and heteronormative expectations are identified as social determinants that contribute to heightened stress levels, resulting in increased rates of anxiety, depression, and suicidality. Moreover, the COVID-19 pandemic has also severely affected the physical and mental health of a large percentage of the population, particularly impacting the health of marginalized individuals such as LGBT individuals. Studies consistently reveal alarming mental health disparities between LGBTQ individuals and their heterosexual counterparts, with elevated rates of mood disorders, substance abuse, and self-harm. Transgender individuals, in particular, face unique challenges, including high rates of gender dysphoria and discrimination-induced mental distress. The concept of intersectionality within the LGBTQ community emphasizes the compounded burden faced by individuals with multiple marginalized identities, necessitating tailored mental health strategies. The societal context, including legal and policy frameworks, plays a pivotal role in shaping the mental health and scope for LGBTQ individuals. Supportive frameworks, such as anti-discrimination laws, marriage equality, and healthcare policies, contribute to societal acceptance and individual well-being. Additionally, efforts to destigmatize LGBTQ identities, comprehensive sex education, and public awareness campaigns challenging stereotypes are crucial for fostering a more inclusive societal mindset. Establishing robust support networks within the LGBTQ community, including initiatives providing mental health resources, counseling, community spaces, and allyship programs, is vital for community resilience. These efforts not only contribute to the well-being of individuals within the LGBTQ community but also work toward creating a more inclusive society. In conclusion, addressing mental health challenges within the LGBTQ community requires a multifaceted approach involving societal understanding, legal support, destigmatization efforts, and robust community resources. By acknowledging and comprehending the unique struggles faced by the LGBTQ community, society can collectively work toward building a more compassionate, supportive, and inclusive environment for all individuals, irrespective of their sexual orientation or gender identity.

Interpreting Discrimination Law Creatively: Statutory Discrimination Law in the UK, Canada and Australia

Interpreting Discrimination Law Creatively: Statutory Discrimination Law in the UK, Canada and Australia

The integration paradox: Does awareness of the extent of ethno‐racial discrimination increase reports of discrimination?

AbstractThe “integration paradox” posits that seemingly well‐established immigrants and their descendants tend to report more discrimination compared to their more marginalized peers. This study investigates one potential mechanism for this paradox, namely, the increasing awareness of their group's enduring ethno‐racial minority status. Through a survey experiment with approximately 1000 randomly sampled immigrants and their descendants in Germany, this study provides the first causal evidence for this awareness mechanism. Participants were randomly assigned to read either a news article highlighting ethno‐racial hiring discrimination in the German labor market or an unrelated news article on astrophysics. Our findings demonstrate that exposure to the discrimination‐related article elicits a significant increase in reports of discrimination experienced by members of the groups with whom minorities identify, but also in self‐reported personal experiences of discrimination. This suggests that increased awareness can alter how minorities frame their personal experiences or encourage them to disclose instances of discrimination that they would have previously kept private. The study further reveals that heightened awareness does not translate into a corresponding increase in political demands for improved antidiscrimination policy. Finally, a third experimental condition dispels concerns that news reports downplaying ethno‐racial labor market penalties could stifle minorities' propensity to report discrimination experiences.