Disability Discrimination Law (Hardback)Olivia Smith (author)
Hardback 521 Pages / Published: 31/12/2010
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Disability Discrimination Law critically examines the specific application of the norms of discrimination and equality law to the disability context. It deals with the operation of the disability ground in both domestic legislation, namely the Employment Equality Acts 1998-2004 and the Equal Status Acts 2000-2004, and also relevant EU Directives, including the Framework Employment Equality Directive. * The procedural and substantive facets of the duty are carefully examined with reference to the Equality Tribunal and Labour Court case law and relevant comparative perspectives from the UK and the US. * The debate around the meaning of disability for the purposes of disability discrimination legislation, which the European Court of Justice has recently entered, is also examined, against the backdrop of the main competing models of disability. * The relationship between the reasonable accommodation duty and direct discrimination is explored, as are the links between indirect discrimination and reasonable accommodation duty. * Key provisions on harassment and victimisation are also discussed in the disability context, along with the role of more substantive equality initiatives in the form of positive action. Key chapters include: From Welfare and Charity to Rights: The Reconstruction of Disability Through Law; The Meaning of Equality in the Disability Context; The Material Scope of the Employment Equality Acts 1998-2004 and the Equal Status Acts 2000-2004; The Definition of Disability; Direct Discrimination; Indirect Discrimination: Harassment; Victimisation; The Reasonable Accommodation Duty; Positive Action; Defences and Exceptions; Remedies and Enforcement. Dr Olivia Smith is a lecturer in Law and Government at Dublin City University.
Publisher: Round Hall Ltd
Number of pages: 521
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