Alleged coercive and discriminatory practices against retail gasoline operators by oil company suppliers : interim report of Subcommittee No. 5 on Distribution Problems to the Select Committee on Small Business, House of Representatives, Eighty-fourth Congress, first session, pursuant to H. Res. 114, a resolution creating a Select Committee to Conduct a Study and Investigation of the Problems of Small Business.

Mode of access: Internet.

*Postsecondary access for individuals with psychological disabilities: An analysis of federal rulings and institutional philosophies, *policies, and practices

This study was a qualitative investigation, with demographic quantitative features, of post-secondary educational access and legal guidelines for individuals with psychological disabilities. Although disability laws have positively influenced post-secondary educational attitudes and practices relative to accommodating many individuals with disabilities, prevailing stigmas regarding mental illness have discouraged the equal access to higher education for individuals with psychological disabilities. Little research concentrating on this area was found.^ Thirty-six relevant legal case decisions, focusing on a variety of realms of higher education, were scrutinized. The policies, procedures, and practices of six Southeastern United States universities were analyzed through official documents and participant responses from disability service providers and other university employees. Comparisons were made between legal cases, and within and between universities. Case findings also provided standards through which participating university practices could be studied.^ The legal analysis revealed that most institutions did not discriminate against individuals with psychological disabilities. Practices of a few of these institutions, however, suggested non-compliance despite favorable decisions on their behalf. Institutions found to have discriminatory practices were cited for inadequate procedures, or for presumptive assessments of the educational functioning levels of individuals with psychological disabilities.^ Participant university practices generally suggested disability law compliance; however, certain campus interventions were determined to be ineffective in identifying, addressing, and communicating about the educational needs of individuals with psychological disabilities. The most effective services for these individuals, who were described as rapidly increasing in number but lagging in self-advocacy and acceptance by others, went beyond legal requirements.^ Recommendations were made for institutional practices concerning disability-related documentation, written standards and operations, and student identification and referral. Directions for future research focused on study skills training for students; exposure of mental health professionals to client educational needs; and expansion of the current research, on a nationwide collegiate level, and a parallel analysis focusing on business and industry. ^

Rethinking cultural sensitivity

The concept of cultural sensitivity is located within the tradition of anthropology and the history of colonisation and immigration in Australian society. This history provides a basis for examining the largely uncritical introduction of cultural considerations to the discipline of nursing. This paper argues that contemporary understandings of multiculturalism in nursing and health care policy tend to obscure, ignore and thus perpetuate notions of racial superiority. Recent works in transcultural nursing are med to illustrate the way in which ahistorical and therefore quite arbitrary traits are attributed to particular cultural groups. This perspective, given legitimacy in terms of cultural sensitivity, encourages political neutrality and thereby avoids questioning the discriminatory practices embedded in fundamental social relations.

Bridging the gap: Early warning, gender and the responsibility to protect

Women, Peace and Security (WPS) scholars and practitioners have expressed reservations about the Responsibility to Protect (R2P) principle because of its popular use as a synonym for armed humanitarian intervention. On the other hand, R2P’s early failure to engage with and advance WPS efforts such as United Nations Security Council (UNSC) resolution 1325 (2000) has seen the perpetuation of limited roles ascribed to women in implementing the R2P principle. As a result, there has been a knowledge and practice gap between the R2P and WPS agendas, despite the fact that their advocates share common goals in relation to the prevention of atrocities and protection of populations. In this article we propose to examine just one of the potential avenues for aligning the WPS agenda and R2P principle in a way that is beneficial to both and strengthens the pursuit of a shared goal – prevention. We argue that the development and inclusion of gender-specific indicators – particularly economic, social and political discriminatory practices against women – has the potential to improve the capacity of early warning frameworks to forecast future mass atrocities.

Criminal Conversations: Rogues, Words and the World in the Work of Daniel Defoe

Even as Daniel Defoe's roguish protagonists notably Moll Flanders and Colonel Jack try to separate themselves from illicit itinerants, they are implicated further in deviance. Moll and Jack both embody and exploit ambiguous moral and spatial arrangements, and use hybrid linguistic formulations, all of which collocate the roguish and the reputable. By brilliantly realizing this interpenetration of words and worlds, Defoe problematises eighteenth-century efforts to demarcate the illicit and itinerant along the lines of space, rank, gender and language. Such efforts facilitated deviant mobility as much as they demonised it. Much scholarship has attended to Defoe's representations of criminality and poverty. This article develops such research to re-position him in a tradition of rogue-writing that stylishly problematises normative discriminatory practices.

Dropping the weight stigma: Nostalgia improves attitudes toward persons who are overweight

Weight stigma, a negative attitude toward persons who are overweight, can lead to emotional detriment (increased vulnerability to depression and anxiety, decreased self-esteem) and discriminatory practices (denial of employment, lower wages, refusal of job promotion or college admission, healthcare deprivation), which have increased dramatically in the United States over the past decade. We report two experiments that implicate nostalgia as a resource or strategy for weight stigma reduction. We hypothesized and found that nostalgia about an encounter with a person who is overweight improves attitudes toward the group "overweight." Undergraduates who recalled a nostalgic (vs. ordinary) interaction with an overweight person subsequently showed more positive outgroup attitudes. The effect of nostalgia on outgroup attitudes was mediated by greater inclusion of the outgroup in the self and increased outgroup trust (Experiments 1 and 2), as well as reduced intergroup anxiety and greater perceptions of a common ingroup identity (Experiment 2). The findings have interventional potential. (C) 2011 Elsevier Inc. All rights reserved.

Pro-active protection against racialist discrimination in employment law - lessons from South Africa?

This study investigates the potential of the prohibition of indirect race discrimination to be used for law reform, and to uncover discriminatory practices. It reflects on the history and contents of the concept, and focuses in particular on its application in the Republic of South Africa

Os mais velhos nas organizações : um desafio para a gestão

Numa era em que a força de trabalho está a envelhecer, fruto do envelhecimento da população mundial, as organizações enfrentam desafios consideráveis no que toca à gestão, motivação e retenção dos trabalhadores mais velhos. As atitudes dos gestores perante os trabalhadores mais velhos configuram restrições consideráveis à superação desses desafios. Neste sentido, foram realizados três estudos visando desenvolver e validar um instrumento de medida das atitudes dos gestores perante os trabalhadores mais velhos. No primeiro estudo, exploraram-se (a) as atitudes dos gestores perante os trabalhadores mais velhos, e (b) as perceções dos aposentados sobre suas últimas experiências antes da aposentação. No segundo estudo, foram desenvolvidos 51 itens, que emergiram tanto do primeiro estudo, como da literatura. O questionário resultante foi então aplicado a uma amostra de 224 gestores portugueses, que foram também convidados a tomar decisões em três cenários envolvendo trabalhadores mais jovens e mais velhos. O terceiro estudo é uma réplica do segundo, numa amostra de 249 gestores brasileiros. As principais conclusões são: (a) cinco tipos de atitudes dos gestores perante os trabalhadores mais velhos foram identificados; (b) essas atitudes predizem as decisões dos gestores no que se refere à seleção de um trabalhador mais jovem versus mais velho, em processos de contratação e na seleção de colaboradores para participar em programas de formação; (c) os padrões empíricos identificados nas amostras de portugueses e brasileiros são semelhantes; (d) apesar dos gestores reconhecerem qualidades positivas significativas nos trabalhadores mais velhos, tendem a discriminá-los; (e) os gestores desenvolvem diferentes perfis atitudinais em relação aos trabalhadores mais velhos, os quais têm consequências nas decisões que tomam sobre esses trabalhadores. Um quarto estudo foi levado a cabo, com o objetivo de tentar compreender se a estrutura penta-dimensional do instrumento de medida das atitudes dos gestores perante os trabalhadores mais velhos pode ser replicado numa amostra de estudantes, e se essas mesmas atitudes ajudam a explicar as decisões dos estudantes em cenários similares aos dos apresentados aos gestores. Os resultados principais foram os seguintes: (a) apesar dos estudantes reconhecerem qualidades nos trabalhadores mais velhos, levam a cabo práticas discriminatórias relativamente a esses trabalhadores; (b) um número significativo de estudantes prefere um trabalhador mais jovem, mesmo quando o mais velho é descrito de forma mais positiva. Um quinto estudo foi efetuado, visando testar em que medida as atitudes dos gestores perante os trabalhadores mais velhos explicam a segurança psicológica das equipas. O estudo envolveu 52 equipas. Os respetivos líderes descreveram as suas atitudes perante os mais velhos, e 266 membros dessas equipas descreveram a segurança psicológica da equipa. Os resultados sugerem que os líderes com atitudes mais positivas perante os trabalhadores mais velhos tendem a desenvolver equipas psicologicamente mais seguras. Todavia, estudos futuros são necessários para testar mecanismos mediadores e moderadores que tornem essa relação mais clara.

As imagens do envelhecimento e as práticas idadistas em Cuidados de Saúde Primários: implicações na actividade física dos idosos

RESUMO: O envelhecimento demográfico tem vindo a aumentar em todo o mundo. Porém, constata-se que os últimos anos de vida são, frequentemente, acompanhados de situações de incapacidade que poderiam ter sido prevenidas. Apesar da importância da actividade física na saúde, verifica-se que uma grande proporção de idosos são sedentários, aumentando o risco de incapacidade. Os profissionais de saúde podem ser influenciados por imagens negativas relativas ao envelhecimento. Tal pode conduzir a práticas de discriminação, com repercussão na forma como os idosos se vêem a si próprios e, consequentemente, no seu comportamento na prática de actividade física. Este estudo tem como objectivo analisar o modo como as imagens do envelhecimento e dos idosos, bem como as práticas idadistas percebidas pelos idosos no contacto com profissionais de saúde influenciam a sua prática de actividade física. Realizou-se um estudo qualitativo, com recurso à entrevista semi-estruturada e de associação livre das palavras, sendo entrevistados 18 utentes que recorreram a um Centro de Saúde. Pelos resultados, constatou-se que uma parte considerável dos participantes (n=8) mencionou que a forma como são vistos pelos profissionais de saúde e como estes lidam consigo influencia a sua prática de actividade física. A imagem mais referida como favorecendo esta prática foi o facto de se considerarem pessoas com vontade de viver. Como principal prática favorecedora identificou-se o aconselhamento/educação para a saúde. A imagem mais mencionada como dificultando a actividade física foi a de os idosos serem deprimidos/tristes/aborrecidos e rabugentos/teimosos. As práticas mais identificadas como dificultando a actividade física foram: o desinteresse face aos problemas de saúde; o não encaminhamento para intervenções adequadas às necessidades; a indicação de que o problema de saúde é devido à idade, não o sendo; a postura autoritária em que só o profissional decide a opção terapêutica; e a verbalização de que o utente já tem muita idade para realizar uma actividade. Conclui-se que as imagens negativas do envelhecimento e dos idosos bem como a existência de práticas idadistas por parte dos profissionais de saúde, condicionam de forma negativa a prática de actividade física nos idosos.---------------ABSTRACT: The aging population has been increasing around the world. However, it appears that the last years of life are often accompanied by situations of disability, which could have been prevented. Despite the importance of physical activity on health, it appears that a large proportion of elderly people are sedentary, increasing the risk of disability. Health professionals may be influenced by negative images related to aging and that may lead to discriminatory practices with repercussion in how older people see themselves and thus their behavior as related to physical activity. This study aims to examine how the images concerning aging and older people, as well as ageist practices perceived by older people in contact with health professionals, do influence their physical activity. A qualitative study was conducted using a semi-structured interview and techniques of free word association. Eighteen primary care elderly users were interviewed. A considerable proportion of the sample (n=8) mentioned that the way health professionals see them and deal with them influences their level of physical activity. The image that most favoured this practice was that people are willing to live. Counseling/health education was identified as the main favouring practice. The image which was most often mentioned as hindering physical activity was that of elderly as being depressed, sad or bored, and grumpy or stubborn.The practices most often identified as hindering physical activity were: lack of interest regarding health problems; non-referral to appropriate intervention needs; indicating that the health problem is due to age, not being the case; authoritarian professional attitudes regarding who decides the treatment options; verbalization that the user is already to old to perform an activity. This study concludes that the negative images of aging and older people as well the existence of ageist practices by health professionals negatively affect the practice of physical activity in the elderly.

Physical access for persons with disabilities

For persons with disabilities, the activities that able-bodied people take for granted can be major, often insurmountable challenges. Attempting to enter a restaurant for lunch with friends can result in lengthy and adversarial litigation if the facility is not accessible to a person with a disability or other mobility impairment. This litigation would be initiated after the individual was effectively refused service; a refusal based on hislher personal physical characteristics. If a shopping mall is not equipped with "access amenities", then the disabled person may be excluded from shopping there and thus exercising consumer freedom. If workplaces are not equipped to accommodate the access needs of persons with disabilities, then those people are effectively barred from gainful employment there. If a municipal goveniment building is inaccessible to disabled persons, then they may be excluded from participating in council meetings. These are all activities that the majority of the population enjoys as a matter of course, in that they represent the functions of a free citizen in a free society. If a person is excluded from such activities because of some personal characteristic, then that person is subjected to differential or discr~minatory treatment. The guarantees provided in Canadian feden! and provincial rights legislation, are such that people are not to be discriminated againsL Where buildings and facilities othen\iise open to the public are not accessible for persens with disabilities, then those people are being discriminated against. To challenge these discriminatory practices, individuals initiate complaints through the administrative justice system. To address the extent to which this is a problem, many sources were consulted. Constitutional lawyers, tribunal members, advocates for the disabled and land use planners were interviewed. Case law and legislation were reviewed. Literature on citizenship theory, dispute resolution and dispute avoidance was compiled and assessed. And, the field of land use planning was analyzed (drawing on the WTiter's educational and experiential background) as a possible alternative method for effecting systemic access for persons with disabilities. The conclusion of this study is that there does exist a proactive method for assuring access, a method that can apply the systemic remedy needed to deal with this problem. The current method, which is an adversarial and piecemeal complaint process, has proven ineffective in remedying this discrimination problem~ Failure to provide an appropriate remedy means that persons with disabilities will not enjoy the degree of citizen status enjoyed by the able-bodied. This is the current circumstance, and since equity is the aim of rights legislation, and since such legislative and administrative frameworks have failed in that purpose, then an alternative method is necessary. An alternative model is the one in which land use planning is based. It has conflict avoidance and conflict minimization as underpinnings. And, most importantly, land use planning is already a proyen method of combatting discrimination.

Les politiques et pratiques commerciales québécoises en matière de boissons alcooliques dans le contexte du droit commercial international

"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en Droit (LL.M.)"

Political Education in Plural Societies: Using the Anti-Bias Approach to Challenge Oppression in Bombay and Berlin

This study addresses the effectivity of the Anti-Bias approach and training methodology as a pedagogical political strategy to challenge oppression among student groups in the cities of Bombay and Berlin. The Anti-Bias trainings conducted within the framework of this study also become the medium through which the perpetuation of oppressive structures by students within and outside the school is investigated. Empirical data from predominantly qualitative investigations in four secondary schools, two each in Bombay and Berlin, is studied and analysed on the basis of theoretical understandings of prejudice, discrimination and identity. This study builds on insights offered by previous research on prejudices and evaluations of anti-bias and diversity interventions, where the lack of sufficient research and thorough evaluations testing impact has been identified (Levy Paluck, 2006). The theoretical framework suggests that prejudices and discriminatory practices are learnt and performed by individuals over the years by way of pre-existing discourses, and that behaviour and practices can be unlearnt through a multi-step process. It proposes that the discursive practices of students contribute to the constitution of their viable selves and in the constitution of ‘others’. Drawing on this framework, the study demonstrates how student-subjects in Bombay and Berlin perpetuate oppressive discourses by performing their identities and performing identities onto ‘others’. Such performative constitution opens up the agency of the individual, disclosing the shifting and dynamic nature of identities. The Anti-Bias approach is posited as an alternative to oppressive discourses and a vehicle that encourages and assists the agency of individuals. The theoretical framework, which brings together a psychological approach to prejudice, a structural approach to discrimination and a poststructural approach to identity, facilitates the analysis of the perpetuation of dominant discourses by the students, as well as how they negotiate their way through familiar norms and discourses. Group discussions and interviews a year after the respective trainings serve to evaluate the agency of the students and the extent to which the training impacted on their perceptions, attitudes and behavioural practices. The study reveals the recurrence of the themes race, religion, gender and sexuality in the representational practices of the students groups in Berlin and Bombay. It demonstrates how students in this study not only perform, but also negotiate and resist oppressive structures. Of particular importance is the role of the school: When schools offer no spaces for discussion, debate and action on contemporary social issues, learning can neither be put into practice nor take on a positive, transformative form. In such cases, agency and resistance is limited and interventionist actions yield little. This study reports the potential of the Anti-Bias approach and training as a tool of political education and action in education. It demonstrates that a single training can initiate change but sustaining change requires long-term strategies and on-going actions. Taking a poststructural perspective, it makes concrete suggestions to adapt and alter the Anti-Bias approach and the implementation of Anti-Bias trainings.

Mentoring and the transfer of organizational memory within the context of an aging workforce : cultural implications for competitive advantage

Organizational memory, the knowledge gained from organizational experience, has significant potential for competitive advantage. Many authors in the knowledge management and human resource management literatures consider mentoring to be a particularly effective method of transferring organizational memory. In addition, older workers are often considered ideal mentors in organizations because of their experience and alleged willingness to pass on their knowledge to less experienced employees. There is an associated assumption that these workers also anticipate and experience positive outcomes when mentoring others. This chapter considers whether these assumptions hold up in the workplaces of the 21st century, particularly within Western countries. Individualistic cultural norms and some discriminatory practices towards older workers, along with a changing career contract that no longer guarantees employment in one organization for life, may discourage knowledge sharing in organizations. This chapter discusses the constraints and motivations that may operate when older experienced workers consider mentoring others. It considers relevant global and organizational cultural characteristics that may influence mentoring to transfer knowledge, and accordingly suggests strategies for those eager to capitalise on the knowledge experienced employees possess.

Social work supervision and discrimination

This article outlines a ‘mutual inquiry’ based approach to supervision using techniques,  concepts and insights drawn from social work supervision experience, a current Ph.D. institutional ethnographic research project and intersectionality. Good supervision of social work students and staff can progress efforts towards identifying and combatting discrimination, important steps towards a more socially just society. Reducing  discrimination also improves the quality of service provision with clients, often members  of the most marginalised groups in the community. Supervision to reduce discrimination needs to be shaped by humility rather than the more popular goal of competence. Humility is fostered when a supervisor and supervisee consider their work together from the standpoints of clients, and purposefully contemplate their complicities in the creation  and maintenance of discriminatory practices. This supervision approach aims to create the  vision, and ability, to challenge discriminatory policies and practices as they are normalised  and inflect at individual, supervision, organisational and societal levels.

BlueFriends: measuring, analyzing and preventing social exclusion between elementary school students

Social exclusion is a relatively recent term, whose creation is attributed to René Lenoir(Lenoir, 1974). Its concept covers a remarkably wide range of social and economic problems, and can be triggered for various reasons: mentally and physically handicapped, abused children, delinquents, multi-problem households, asocial people, and other social “misfits” (Silver, 1995, pp. 63; Foucault, 1992). With an increasingly multi-cultural population, cultural and social inequalities rapidly ascend, bringing with them the need for educational restructuring. We are living in an evermore diverse world, and children need to be educated to be receptive to the different types of people around them, especially considering social and cultural aspects. It is with these goals that inclusive education has seen an increased trend in today’s academic environment, reminding us that even though children may be taught under the same roof, discriminatory practices might still happen. There are, however, a number of developed tools to assess the various dimensions of social networks. These are mostly based on questionnaires and interviews, which tend to be fastidious and don’t allow for longitudinal, large scale measurement. This thesis introduces BlueFriends, a Bluetooth-based measurement tool for social inclusion/exclusion on elementary school classes. The main goals behind the development of this tool were a) understanding how exclusion manifests in students’ behaviors, and b) motivating pro-social behaviors on children through the use of a persuasive technology. BlueFriends is a distributed application, comprised by an application running on several smartphones, a web-hosted database and a computer providing a visual representation of the data collected on a TV screen, attempting to influence children behaviors. The application makes use of the Bluetooth device present on each phone to continuously sample the RSSI (Received Signal Strength Indication) from other phones, storing the data locally on each phone. All of the stored data is collected, processed and then inserted into the database at the end of each day. At the beginning of each recess, children are reminded of how their behaviors affect others with the help of a visual display, which consists of interactions between dogs. This display illustrates every child’s best friends, as well as which colleagues they don’t interact with as much. Several tips encouraging social interaction and inclusiveness are displayed, inspiring children to change their behaviors towards the colleagues they spend less time with. This thesis documents the process of designing, deploying and analyzing the results of two field studies. On the first study, we assess how the current developed tools are inferior to our measuring tool by deploying a measurement only study, aimed at perceiving how much information can be obtained by the BlueFriends application and attempting to understand how exclusion manifests itself in the school environment. On the second study, we pile on the previous to try and motivate pro-social behaviors on students, with the use of visual cues and recommendations. Ultimately, we confirm that our measurement tool’s results were satisfying towards measuring and changing children’s behaviors, and conclude with our thoughts on possible future work, suggesting a number of possible extensions and improvements.