Disability Discrimination: Obesity and the Court of Justice of the European Union’s decision in Karsten Kaltoft v Billund Kommune Case C-354/13 ECJ

Walker and Karsten are two important decisions in disability discrimination law – not solely on the basis of their legal and practical repercussions for the United Kingdom (UK) and European Union (EU), respectively, but because they capture the very ideological spirit of domestic and European anti-discrimination legislation. The former directly relates to disability discrimination in the UK and the entire EU is feeling the brunt of the Court of Justice of the European Union’s decision in the latter. This article explores the impact of both these decisions and to what extent the obese or those suffering from a functional overlay are now protected from being discriminated against by the Framework Directive 2000/78 and the United Kingdom’s Equality Act 2010.

Discrimination of honey of different floral origins by a combination of various chemical parameters

Abstract Honey is a high value food commodity with recognized nutraceutical properties. A primary driver of the value of honey is its floral origin. The feasibility of applying multivariate data analysis to various chemical parameters for the discrimination of honeys was explored. This approach was applied to four authentic honeys with different floral origins (rata, kamahi, clover and manuka) obtained from producers in New Zealand. Results from elemental profiling, stable isotope analysis, metabolomics (UPLC-QToF MS), and NIR, FT-IR, and Raman spectroscopic fingerprinting were analyzed. Orthogonal partial least square discriminant analysis (OPLS-DA) was used to determine which technique or combination of techniques provided the best classification and prediction abilities. Good prediction values were achieved using metabolite data (for all four honeys, Q² = 0.52; for manuka and clover, Q² = 0.76) and the trace element/isotopic data (for manuka and clover, Q² = 0.65), while the other chemical parameters showed promise when combined (for manuka and clover, Q² = 0.43).

The New Architecture of EU Equality Law after CHEZ: Did the Court of Justice reconceptualise direct and indirect discrimination?

The Court of Justice’s decision of the 16 July 2015, in Case C-83/14 CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia, is a critically important case for two main reasons. First, it represents a further step along the path of addressing ethnic discrimination against Roma communities in Europe, particularly in Bulgaria, where the case arises. Second, it provides interpretations (sometimes controversial interpretations) of core concepts in the EU antidiscrimination Directives that will be drawn on in the application of equality law well beyond Bulgaria, and well beyond the pressing problem of ethnic discrimination against Roma. This article focuses particularly on the second issue, the potentially broader implications of the case. In particular, it will ask whether the Court of Justice’s approach in CHEZ is subtly redrawing the boundaries of EU equality law in general, in particular by expanding the concept of direct discrimination, or whether the result and the approach adopted is sui generis, one depending on the particular context of the case and the fact that it involves allegations of discrimination against Roma, and therefore of limited general application.

Anatomising Irish Rebellion: the Cromwellian Delinquency Commissions, the Books of Discrimination and the 1641 Depositions

The recent digitisation of the 1641 depositions has opened up that large and controversial collection of manuscripts to renewed study. The significance of a substantial section of that archive generated in 1653-4 by the work of the Cromwellian delinquency commissions has hitherto been poorly understood. This article sheds new light on the workings of the commissions and on the ways in which the 'delinquency depositions' that they collected helped to shape the implementation of the Cromwellian and Restoration land settlements in Ireland. It also compares the Irish delinquency proceedings to the approach adopted by the Long Parliament in its dealings with royalists in England in the 1640s. In analysing the actual content of the depositions, the article focuses particular attention on County Wexford. The surviving delinquency depositions enable in-depth exploration of many facets of the 1641 rebellion and its aftermath in that region.

Non-contact Pressure-based Sleep/Wake Discrimination

Poor sleep is increasingly being recognised as an important prognostic parameter of health. For those with suspected sleep disorders, patients are referred to sleep clinics which guide treatment. However, sleep clinics are not always a viable option due to their high cost, a lack of experienced practitioners, lengthy waiting lists and an unrepresentative sleeping environment. A home-based non-contact sleep/wake monitoring system may be used as a guide for treatment potentially stratifying patients by clinical need or highlighting longitudinal changes in sleep and nocturnal patterns. This paper presents the evaluation of an under-mattress sleep monitoring system for non-contact sleep/wake discrimination. A large dataset of sensor data with concomitant sleep/wake state was collected from both younger and older adults participating in a circadian sleep study. A thorough training/testing/validation procedure was configured and optimised feature extraction and sleep/wake discrimination algorithms evaluated both within and across the two cohorts. An accuracy, sensitivity and specificity of 74.3%, 95.5%, and 53.2% is reported over all subjects using an external validation
dataset (71.9%, 87.9% and 56%, and 77.5%, 98% and 57% is reported for younger and older subjects respectively). These results compare favourably with similar research, however this system provides an ambient alternative suitable for long term continuous sleep monitoring, particularly amongst vulnerable populations.

No discrimination shock avoidance with sequential presentation of stimuli but shore crabs still reduce shock exposure

Insights into the potential for pain may be obtained from examination of behavioural responses to noxious stimuli. In particular, prolonged responses coupled with long-term motivational change and avoidance learning cannot be explained by nociceptive reflex but are consistent with the idea of pain. Here, we placed shore crabs alternately in two halves of a test area divided by an opaque partition. Each area had a dark shelter and in one repeated small electric shocks were delivered in an experimental but not in a control group. Crabs showed no specific avoidance of the shock shelter either during these trials or in a subsequent test in which both were offered simultaneously; however they often emerged from the shock shelter during a trial and thus avoided further shock. More crabs emerged in later trials and took less time to emerge than in early trials. Thus, despite the lack of discrimination learning between the two shelters they used other tactics to markedly reduce the amount of shock received. We note that a previous experiment using simultaneous presentation of two shelters demonstrated rapid discrimination and avoidance learning but the paradigm of sequential presentation appears to prevent this. Nevertheless, the data show clearly that the shock is aversive and tactics, other than discrimination learning, are used to avoid it. Thus, the behaviour is only partially consistent with the idea of pain.

Experimental Evidence that Retaliation Claims Are Unlike Other Employment Discrimination Claims

The type of discrimination claim that strikes fear in the hearts of all employers is the dreaded retaliation claim. While employers contend, and plaintiffs admit, that retaliation is different from other discrimination complaints, employee advocates have put forth legislation that would equalize retaliation with the other types of discrimination. This bill, Protecting Older Workers against Discrimination Act (POWADA), would expand the so-called mixed-motive jury instruction to age, and disability, as well as retaliation. Moreover, it would allow plaintiffs, not judges, to decide which types of instruction the jury would receive. In this article, the authors argue that retaliation claims should not receive the same treatment as other discrimination claims (including age and disability), because it’s easy for juries to believe that retaliation is a factor, regardless of other facts. Once a fact-finding jury checks the box to indicate that an employer’s motive might include retaliation, the employer will likely have to pay fees and costs, at minimum, regardless of the claim’s final resolution.

Black-White Wage Gap Among Restaurant Servers: A Replication, Extension, and Exploration of Consumer Racial Discrimination in Tipping

There is a rich history of social science research centering on racial inequalities that continue to be observed across various markets (e.g., labor, housing, and credit markets) and social milieus. Existing research on racial discrimination in consumer markets, however, is relatively scarce and that which has been done has disproportionately focused on consumers as the victims of race-based mistreatment. As such, we know relatively little about how consumers contribute to inequalities in their roles as perpetrators of racial discrimination. In response, in this paper we elaborate on a line of research that is only in its’ infancy stages of development and yet is ripe with opportunities to advance the literature on consumer racial discrimination and racial earnings inequities among tip dependent employees in the United States. Specifically, we analyze data derived from a large exit survey of restaurant consumers (n=378) in an attempt to replicate, extend, and further explore the recently documented effect of service providers’ race on restaurant consumers’ tipping decisions. Our results indicate that both White and Black restaurant customers discriminate against Black servers by tipping them less than their White coworkers. Importantly, we find no evidence that this Black tip penalty is the result of interracial differences in service skills possessed by Black and White servers. We conclude by delineating directions for future research in this neglected but salient area study.

Disentangling Discrimination: The Impact of Political and Societal Discrimination on Democratic (Dis)Engagement

Thesis (Ph.D.)--University of Washington, 2016-08

Influence of the perception of discrimination on women's work motivation

Nowadays, despite anti-discrimination policies, women suffer frequently from a lack of consideration from their male colleagues, altering their well-being and motivation to work. More precisely, perceived personal or groupal discrimination, could have a distinct influence on work motivation. Previous studies showed that the impact on women varies in function of the type of perceived discrimination (Bourguignon et al. 2006). Based on the self-categorization and the social identity theory, work motivation is differently structured as if employees categorized themselves as individuals or as part of a group. As a result, a different impact from personal and group discrimination on work motivation is expected. Moreover, it has been proved that typical men behavior is heavily associated with competence compared to women behavior (Marchand, Saint-Charles & Corbeil, 2007). Therefore, it is hypothesized that women with more masculine traits will suffer from less perceived discrimination, and work motivation. An online survey was created in order to collect data over work motivation, perceived personal and group discrimination. The respondents were also questioned on typical men and women behavior to determine their gender-conformity. To test our hypotheses, data were collected from 57 women stemming from the labour force, aged from 21 to 63 years old. Results indicate that perceived personal discrimination was negatively related to work motivation and that perceived group discrimination was negatively correlated with masculine behavior. Thereby, our study enhances the importance of work environment, and especially discrimination, on work motivation. This research also corroborates the self-categorization and the social identity theory framework to study these issues.

Apprentissage de la discrimination visuelle chez les déficients mentaux au moyen d'exercices de stimulation appropriés

C'est au début du siècle que la médecine, la psychiatrie et la psychologie commencent à s'intéresser à l'éducation des enfants déficients. Les travaux de Binet et Simon publiés entre 1900 et 1910, de même que ceux de Spearman (1927), contribuent à établir une mesure de l'intelligence tandis que Montessori (1900) met sur pied une pédagogie pour l'enfant déficient. Plus récemment certains organismes se sont préoccupés du problème de la déficience mentale. L'Organisation des Nations Unies adoptait, le 20 décembre 1971, la déclaration des droits généraux et particuliers des déficients mentaux. Cette déclaration, rapportée à l'Appendice A, mentionne que le déficient mental doit, dans la mesure du possible, jouir des mêmes droits que toute autre personne. Plus près de nous, le Ministère de l'Éducation forme en 1976 le Comité Provincial de l'Enfance Exceptionnelle (COPEX) et lui donne comme mandat de faire le bilan du système d'éducation de l'enfant en difficulté d'adaptation et d'apprentissage. Ce rapport souligne le droit de l'enfant à l'éducation en ces termes : « L'enfant en difficulté d'adaptation et d'apprentis sage mérite le respect, l'attention et l'assistance qui correspond à ses aspirations, à ses besoins généraux et spécifiques. Les droits et libertés reconnus à la personne humaine, et en particulier à l'enfant, doivent également s'appliquer à l'égard de l'enfant en difficulté » (p. 550). C'est dans cet esprit que certaines commissions scolaires ont offert des services spécialisés à cette clientèle. Présentement, nous retrouvons dans les classes d'adaptation scolaire, de plus en plus d'enfants déficients dont l'âge de développement mental dépasse à peine 24 mois. Pour certains enfants, cette déficience intellectuelle est associée à un deuxième handicap d'ordre physique (I.M.C., maladie organique, épilepsie, etc.) ou d'une déviation grave d'apprentissage (problèmes de langage, de lecture, etc...).[…]

Use of a textured insole to improve the association between postural balance and ankle discrimination in young male and female dancers

Why Does Employment Discrimination Persist against People with Mental Illness? Effects of Negative Stereotypes, Power, and Differential Discrimination

Mental illness affects a sizable minority of Americans at any given time, yet many people with mental illness (hereafter PWMI) remain unemployed or underemployed relative to the general population. Research has suggested that part of the reason for this is discrimination toward PWMI. This research investigated mechanisms that affect employment discrimination against PWMI. Drawing from theories on stigma and power, three studies assessed 1) the stereotyping of workers with mental illness as unfit for workplace success, 2) the impact of positive information on countering these negative stereotypes, and whether negatively-stereotyped conditions elicited discrimination; and 3) the effects of power on mental illness stigma components. I made a series of predictions related to theories on the Stereotype Content Model, illness attribution, the contact hypothesis, gender and mental health, and power. Studies tested predictions using, 1) an online vignette survey measuring attitudes, 2) an online survey measuring responses to fictitious applications for a middle management position, and 3) a laboratory experiment in which some participants were primed to feel powerful and some were not. Results of Study 1 demonstrated that PWMI were routinely stigmatized as incompetent, dangerous, and lacking valued employment attributes, relative to a control condition. This was especially evident for workers presented as having PTSD from wartime service and workers with schizophrenia, and when the worker was a woman. Study 2 showed that, although both war-related PTSD and schizophrenia evoke negative stereotypes, only schizophrenia evoked hiring discrimination. Finally, Study 3 found no effect of being primed to feel powerful on stigmatizing attitudes toward a person with symptoms of schizophrenia. Taken together, findings suggest that employment discrimination towards PWMI is driven by negative stereotypes; but, stereotypes might not lead to actual hiring discrimination for some labeled individuals.

Fundamental Rights and Reverse Discrimination

Reverse discrimination – whereby member states may treat their own nationals worse than nationals of other member states by invoking a “purely internal situation” in which European law does not apply – has long been a problem within the European Economic Community turned European Union. Using as a touchstone the Zambrano case, to be decided shortly, this paper argues that introducing citizenship alters the status of individuals vis-à-vis their governments, implies equality of treatment among citizens, and should eliminate reverse discrimination. Raising examples from the United States and Canada, I show how the introduction of federal rights empowered individuals and redrew the relationship between the governments of the center and the units. Citizenship limits the power of member states to treat their own nationals worse than nationals of other member states. This does not eliminate the tension between center and unit (or federal and regional; EU and member state) law but should give extra weight to former over the latter. Jurisdictional issues remain, but the rise of Union citizenship means that EU law should grow to encompass any right protected or promoted by shared citizenship.