Discrimination and Employment Law International Legal Perspectives

Presenting the issues of discrimination in employment in a multifaceted manner, this book examines the standards on anti-discrimination law for employment at international and EU levels and those deriving from national jurisdictions. Bringing together top scholars in the field of anti-discrimination employment law, this book explains the conceptual and theoretical foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges in the Netherlands, Poland, Germany, the UK, Australia, New Zealand, Canada, India, Switzerland and Israel. Identifying emerging trends in anti-discrimination employment law, this book offers a comparative, problem-solving approach and an in-depth analysis of new developments in both anti-discrimination statutory law and case law. Addressing employment law with a focus on anti-discrimination law and human rights law, this book will be essential reading for students, academics and practitioners working in the fields of labour and employment law, anti-discrimination law and human rights law and offers an international comparative overview of the most up-to-date issues relating to discrimination.

Foreword THE LORD PAREKH OF HULL 1 International Legal Perspectives on Discrimination in Employment Law: An Overview JO CARBY-HALL, ZBIGNIEW GÓRAL AND ANETA TYC PART I: Employment Discrimination Law in the European Union and Its Member States 2 “It’s All Relative?”: Role of Comparison in Terms of Equality in Employment Under EU Law SZILVIA HALMOS 3 Dutch Equal Treatment Law: A Sophisticated Field of Law SUSANNE BURRI 4 The German Law on Discrimination in Employment MANFRED WEISS 5 The “Other” Discriminatory Criteria: Unregulated in the Polish Labour Code but Clarified by Case Law ANETA TYC PART II: Facets of Employment Discrimination in Common Law Jurisdictions 6 Philosophical Beliefs as Protected Characteristics in British Discrimination Law: An Evolutionary Tract and Its Consequences JO CARBY-HALL 7 Employment Discrimination in Australia: The Challenges of Pursuing a Substantive Equality Approach THERESE MACDERMOTT 8 The Changing Face of Discrimination in Aotearoa/New Zealand GORDON ANDERSON AND DAWN DUNCAN PART III: Facets of Employment Discrimination in Other Parts of the World 9 The Erasure of Sexual Harassment: Recourse for Sexual Harassment Under Labour Law Frameworks in QuébecRACHEL COX 10 Legal Instruments Against Discrimination in Employment in Switzerland KURT PÄRLI 11 Transformative Equality and Disability-Based Discrimination in Employment: A Case Study From IndiaNIMUSHAKAVI VASANTHI 12 Gender Discrimination in IsraelRAPHAEL COHEN-ALMAGOR AND UKI MAROSHEK-KLARMAN 13 Discrimination in Employment Law: Key Themes and Perspectives JO CARBY-HALL, ZBIGNIEW GÓRAL AND ANETA TYC

Jo Carby-Hall is Professor of Law and Director of International Legal Research in the Centre for Legislative Studies at the University of Hull, UK. Zbigniew Góral is Emeritus Professor of Law at the University of Lodz, Poland. Aneta Tyc is Assistant Professor at the Department of European, International and Collective Labour Law at the Faculty of Law and Administration of the University of Lodz, Poland.