Enforcing Equality


Book Description

In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging. With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they express the values of our national community, and as such, litigation is no substitute for collective political action.




Congress and the Fourteenth Amendment


Book Description

The discrepancy between the fourteenth amendment’s true meaning as originally understood, and the Supreme Court’s interpretation of its meaning over time, has been dramatic and unfortunate. The amendment was intended to be a constitutional rule for the promotion and protection of people’s rights, administered by the states as front-line regulators of life, liberty, and property, to be overseen by Congress and supported by federal legislation as necessary. In this book, William B. Glidden makes the case that instead, the amendment has operated as a judge-dominated, negative rights-against-government regime, supervised by the Supreme Court. Whenever Congress has enacted legislation to protect life, liberty, or property rights of people in the states, the laws were often overturned, narrowly construed, or forced to rely on the power of Congress to regulate interstate commerce, under the Supreme Court’s constraining interpretations. Glidden proposes that Congress must recover for itself or be restored to its proper role as the designated federal enforcement agency for the fourteenth amendment.




Equality of Opportunity for Sexual and Gender Minorities


Book Description

Despite legal and social advances in the past two decades, sexual and gender minorities continue to face widespread discrimination and violence in many countries. This discrimination and violence lead to exclusion, which adversely impacts their lives, as well as the communities and economies in which they live. A major barrier to addressing this stigma and sexual orientation and gender identity(SOGI)-based exclusion is the lack of SOGI-specific data. Robust, quantitative data on di‚fferential development experiences and outcomes of sexual and gender minorities--especially those in developing countries--is extremely thin. This paucity of data jeopardizes the achievement of the Sustainable Development Goals and countries' commitment to the principle of 'leaving no one behind' in the eff‚ort to end poverty and inequality. 'Equality of Opportunity for Sexual and Gender Minorities' assesses the unique challenges that sexual and gender minorities face in six important areas: (i) Criminalization and SOGI (ii) Access to education (iii) Access to the labor market (iv) Access to public services and social protection (v) Civil and political inclusion (vi) Protection from hate crimes. This report cov‚ers numerous policy recommendations to prevent and eliminate discriminatory practices in all of the areas covered. It also seeks to inflŽuence legislative changes and support research on institutions and regulations that can ultimately lead to poverty reduction and shared prosperity. At the same time, it acknowledges that the mere existence of inclusive laws and regulations does not ensure that sexual and gender minorities are free from discrimination--the enforcement of those laws is crucial. This publication, the first in a series of studies, will be expanded from the 16 countries included here to a wider set of countries for more in-depth quantitative analysis and to identify possible correlations with socioeconomic outcomes. It will seek to deepen knowledge, facilitate peer learning of good practices, and encourage reforms to increase the inclusion of sexual and gender minorities.




Equality at Work


Book Description

This volume examines established and emerging trends in workplace discrimination and provides a global picture of the struggle to overcome the problem. The report addresses established discrimination issues and the persistence of economic, social, and moral implications caused by chronic racial, ethnic, and sex discrimination in employment. It also investigates recently recognized forms of discrimination, including those based on age and sexual orientation, and emerging forms such as genetic and lifestyle discrimination. Various institutional and policy responses to combat all kinds of discrimination in the workplace are highlighted. The book examines the effectiveness and accessibility of strategies such as affirmative action, procurement policy, and active labor market policies. It presents an action plan for eliminating discrimination and promoting equality as part of the decent work agenda at national and global levels.




The Moral and Political Philosophy of Immigration


Book Description

In The Moral and Political Philosophy of Immigration: Liberty, Security, and Equality, José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is thereby, at its core, a problem of philosophy. Establishing the necessity of situating the public debate on immigration at the center of philosophical debates on liberty, security, and equality, this book brings into dialog various contemporary philosophical texts that deal with immigration to provide some normative guidance to future immigration policy and reform. As a groundbreaking work in social and political philosophy, it will be of great value not only to students and scholars in these fields, but also those working in social science, public policy, justice studies, and global studies programs whose work intersects with issues of immigration.




Fair Housing


Book Description




Section 1557 of the Affordable Care Act


Book Description

Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.




Constitutional Orphan


Book Description

"On August 26, 1920, these words became part of the United States Constitution as its Nineteenth Amendment. The requisite thirty- six states had ratified the amendment in the year since its enactment by Congress on June 4, 1919. A revolution in women's rights, spanning over seventy years, came to a quiet conclusion as Secretary of State Bainbridge Colby signed the measure into law in the privacy of his home at eight o'clock in the morning.1 None of the prominent suffrage leaders of the day, including the National American Woman Suffrage Association (NAWSA) president, Carrie Chapman Catt; or the National Woman's Party (NWP) chair, Alice Paul, were at the signing.2 Catt was later invited to go to the State Department to see the proclamation, but no similar invitation was extended to the more militant Paul. Paul had been a thorn in the side of President Woodrow Wilson, with her White House picketing and willingness to be imprisoned for the vote.3 Ratification was followed by ten years of litigation- most of it in state courts- during which the meaning and scope of the Nineteenth Amendment was contested. In its most literal sense, the Nineteenth Amendment did not confer a "right" to vote per se. Rather, it simply prohibited the states or the federal government from using sex as a criterion for voter eligibility.4 In other words, its ratification meant that state and federal impediments to voting based on sex were now unconstitutional. It did not mean that all women in the United States could vote.5 As a matter of law, the Nineteenth Amendment meant that states could not prevent African American women from voting based solely on their sex. Yet vast numbers of African American women were prevented from voting in the November 1920 presidential election that followed on the heels of ratification.6 They faced the same impediments- poll taxes, literacy tests, grandfather clauses, and physical intimidation- used to prevent their male counterparts from voting after ratification of the Fourteenth and Fifteenth Amendments.7 Those amendments conferred citizenship on previously enslaved persons and barred state or federal restrictions on voting based on race, color, and previous condition of servitude"--




United States Code


Book Description




Discrimination, Copyright and Equality


Book Description

While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.