Understanding Discrimination in Employment Law
The law governing discrimination in the context of employment has undergone significant change over the years. In this one-of-a-kind new work, Understanding Discrimination in Employment Law, the author examines the current state of the law from its inception to the present day and discusses those areas that remain unclear and in need of legislative attention.
A unique perspective
Understanding Discrimination in Employment Law offers a comprehensive overview of the application of the prohibition against discrimination in employment and points to problems with the present legal framework. It provides an account of the evolution of the law in this area, reviews the way in which other countries have dealt with common issues, and analyzes the unusual path taken by the Supreme Court of Canada in developing the current legal framework. It discusses the problems that have arisen from the lack of consensus about the goals that the prohibition against discrimination is seeking to further in employment and from the failure of legislatures to keep pace with the way in which the law has changed.
By outlining problematic areas in the present law, this unique text will serve as a critical reference for those seeking to understand the law and its implications for employers, employees and the public. Its discussion will provide policy advisors and legislative drafters with valuable background and insight to assist them in clarifying the goals of this important area of the law and ensuring that the legislation will further those goals in a coherent and consistent manner.
A valuable resource
An accessible, thorough and useful resource, Understanding Discrimination in Employment Law would be especially valuable for:
- Employment lawyers who must advise employers of compliance issues and employees of their rights in the workplace
- Human resources professionals who must understand the current legislative scheme and interpretation approaches so they can handle discrimination issues in the workplace properly and organize conferences and training on the subject
- Government employment and labour counsel and policy advisers who must draft relevant legislation, regulations and policies
- Managerial staff at large corporations who need to know the law and the potential issues associated with its applications and interpretations
- Humans rights advocacy organizations who advise employees of their rights at work and seek to formulate appropriate advocacy strategies
- Judges and adjudicators at employment/human rights tribunals who adjudicate lawsuits and claims related to discrimination issues at work
Table of contents
Chapter 1: Why the law needs legislative attention
Chapter 2: A short historical summary
Chapter 3: Four forms of unlawful discrimination
Chapter 4: Differences among the forms of unlawful discrimination in employment
Chapter 5: The unified approach
Chapter 6: So what makes discrimination unlawful?
Chapter 7: The first objective: Prohibiting employment action based on listed grounds
Chapter 8: The second objective: The obligation to limit the disadvantage in employment arising from attributes and circumstances associated with the listed grounds