Some further implications of the Pregnancy Discrimination Act

A follow-up to the authors' October 1979 analysis of the Pregnancy Discrimination Act, this study details the pros and cons of the various strategies that personnel managers will have to consider in order to successfully cope with PDA.     

Special educational needs and the law: Some practical implications

This article focuses on the law relating to special educational needs. It discusses the impact which the growth in the area of parental rights has had on LEA administrative and executive functions. It highlights varying circumstances leading up to the processes of statutory assessment and statementing in which parents and the LEA may find themselves in a position of conflict and tension. This article provides an analysis of how one specific LEA has sought to respond to the burgeoning workload and associated pressures brought about by changes in educational legislation, regulations and case law and the general increase in the number of appeals lodged against it.     

Fetal protection and potential liability: judicial application of the Pregnancy Discrimination Act and the disparate impact theory

"Fetal vulnerability programs," which are employer attempts to protect employees' unborn fetuses from harm caused by the mothers' exposure to hazardous material in the workplace, have been challenged as a form of employment discrimination. This Note analyzes the recent judicial application of the Pregnancy Discrimination Act (PDA) and the disparate impact theory to fetal vulnerability cases. The Note also examines the business necessity defense's accommodation of legitimate employer interests. The Note concludes that a more potent business necessity defense, a stricter standard for evaluating alternative protective measures, and a judicial interpretation of the PDA which is more consistent with congressional intent are necessary for fair and reasonable resolution of these cases.     

Some implications of the Human Rights Act 1998 for the medical treatment of children

Although the Gillick decision was hailed as an important step in the furtherance of respect for children's autonomy, subsequent judgments seemed to undermine this important principle. While it would be difficult to criticise the outcomes of some of the key cases, the reasoning by which these were achieved is rather more contentious. There have been some interesting discussions suggesting more constructive approaches but there is still a great deal of anecdotal evidence indicating that conservative assessments of children's ability to be involved in decisions about their medical treatment remain the norm. The new Department of Health consent forms should help to create a climate where assessment of a child's competence will become more sophisticated. This paper will argue that the Human Rights Act 1998 offers another opportunity to reassess more traditional approaches to children's capacity; indeed, this could be violation, inter alia, of the right not to be subject to inhuman and degrading treatment under Article 3 in extreme circumstances and the right to private and family life enshrined in Article 8. Clearly, it is not always practicable to carry out assessments rigorously and some health professionals may feel they do not have the expertise to do this, but some basic criteria could assist here; courts are not likely to expect more than a demonstration that best endeavors have been employed in reasoned decision-making. Additionally, other privacy rights may have implications for the medical decision-making process as it affects children and their carers particularly where conflict arises. Disputes may also ensue from the right to manifest religion and other beliefs",' under the Act. This paper will explore how such challenges to those responsible for the medical treatment of children may fare.     

The Children Act 1989: Some implications for management and practice

Conclusion Given that the Government has accepted much of the research evidence as indicative of poor performance of local authorities in making and implementing plans for helping children and families, and of the unwillingness or inability to involve parents and children in identifying needs, it is clear that some authorities will need to engage in a major re-think of policies, procedures and practices. Moreover, the idea of a mixed economy culture may be a difficult pill to swallow but the medicine must be taken. It is evident from the account presented here that much will be gained by authorities undertaking an audit utilising not only the provisions of the Act but also an appreciation of developments which have influenced its form.Whether one agrees with its philosophy or not the Children Act 1989 represents a very clear statement of Government intentions. All concerned with the care and upbringing of children should take it seriously. Paradoxically, while encouraging private ordering, its success in promoting and safeguarding the welfare of children may only be measured through the resolution in court of conflicts between families and public authorities about what constitutes good parenting. That these issues raise ideological and economic questions, particularly about the availability of services, should not divert us from the clear messages in the legislation.General Editor. Principal Lecturer in Law, Liverpool Polytechnic.     

A Game of the Half: The Manageress and the Sex Discrimination Act

As the football industry continues in its struggle to balance its traditional regulations and practices with the demands of domestic and European law it is evident that entrenched attitudes within the game will have to be changed if the industry is to avoid further damaging litigation. One such area is in the appointment of football managers (or head coaches), where the practices of selection seem to contravene the most basic principles of employment law with regard to the Sex Discrimination Acts. This article argues that the appointment of ex professional players as Managers violates the prohibition on indirect sex discrimination, and asserts that being male is not a ``genuine occupational qualification' for the post. The article analyses case studies of football managers to substantiate its claims, and uses interviews carried out with coaches and players in the women's Premier League in order to discuss sex discrimination and the non-appointment of women to one of the most important posts in the football industry in more general terms. This revised version was published online in August 2006 with corrections to the Cover Date.     

法律行为在近代欧洲率先出现的原因辨析--对民事法律行为本质合法说质疑之五

法律行为在近代欧洲的率先出现,客观上至少是由欧洲历史发展中拥有的四个方面的因素所决定的:其一是商品经济之由来已久且最终进化为市场经济;其二是民主政治之贵为传统并最终得以大力普及;其三是个人自由思想之根深蒂固且最终演化为一种主义;其四是“以人为本,一体三维”的世界观与方法论既源远流长且更属于真正的先进文化。而这些因素之在中国古代却既未发生且绝对不可能发生,从而表明主张中国古代就有法律行为之说,自始至终只能是指鹿为马式的肆意编造。     

Age Discrimination in Employment Act; retiree health benefits. Final rule

The Equal Employment Opportunity Commission is publishing this final rule so that employers may create, adopt, and maintain a wide range of retiree health plan designs, such as Medicare bridge plans and Medicare wrap-around plans, without violating the Age Discrimination in Employment Act of 1967 (ADEA). To address concerns that the ADEA may be construed to create an incentive for employers to eliminate or reduce retiree health benefits, EEOC is creating a narrow exemption from the prohibitions of the ADEA for the practice of coordinating employer-sponsored retiree health benefits with eligibility for Medicare or a comparable State health benefits program. The rule does not otherwise affect an employer's ability to offer health or other employment benefits to retirees, consistent with the law.     

Quotas for Women! The Sex Discrimination (Election Candidates) Act 2002

The Sex Discrimination (Election Candidates) Act 2002 is unusual in two respects. First, it is a rare example of the permissible (though not mandatory) use of affirmative action in the United Kingdom, in this case to reduce gender inequality in the selection of election candidates. Secondly, the Act contains a sunset clause and will expire in 2015 unless extended. This article examines the background to the legislation, the forms of affirmative action it permits, and the use so far made of it by political parties. It also considers the justifications for affirmative action to increase women's political representation, asking what sets this apart from other contexts in which women are under-represented, and whether the temporary nature of the legislation is appropriate.