Malcolm Sargeant

Layers of Vulnerability in Occupational Safety and Health for Migrant Workers: Case Studies from Canada And The UK

Abstract In many high-income countries, such as Canada and the UK, there has recently been a significant increase in the number of migrant workers. This paper examines the occupational safety and health implications of this phenomenon. We identify a framework for assessing the occupational safety and health vulnerabilities of migrant workers, using a layered approach, which assists in identifying the risk factors. Using this layer of vulnerability framework, we compare the situation of at-risk migrant workers in these two countries.

Age discrimination in employment

Contents: Age discrimination United Kingdom perspectives European perspectives and the Framework Directive Age discrimination at work Retirement Experiences in other countries Multiple discrimination The Employment Equality (Age) Regulations 2006 Bibliography Index.

Mandatory retirement age and age discrimination

This article considers the issues raised by the proposed abolition of the mandatory retirement age as a result of the Equal Treatment Directive, 2000/78/EC, and of proposed Age Discrimination in Employment Regulations. It argues that there are a number of distinctive retirement ages, namely, the contractual retirement age, the pensionable retirement age and the actual or normal retirement age. These may coincide or they may occur at different times, but it is only the contractual retirement age that is likely to be abolished by the Regulations. Their effect upon the retirement age will therefore be limited. As part of the research for this article a number of TUC affiliated trade unions were interviewed in order to gain an employee perspective of the issues surrounding the abolition of mandatory retirement ages.

Age discrimination and diversity: multiple discrimination from an age perspective

This volume of essays is concerned with the discrimination against older people that results from a failure to recognise their diversity. By considering the unique combinations of discrimination that arise from the interrelationship of age and gender, pensions, ethnicity, sexual orientation, socio-economic class and disability, the contributors demonstrate that the discrimination suffered is multiple in nature. It is the combination of these characteristics that leads to the need for more complex ways of tackling discrimination.

Discrimination and the law

1. Equality 2. European Perspectives 3. The Equality Act 2010 4. Age and Ageism 5. Disability 6. Pregnancy and Maternity 7. Race, Colour, Ethnicity and Migrant Workers 8. Religion or Belief 9. Sex Equality 10. Sexual Orientation and Gender Reassignment

Age discrimination, sexual orientation and gender identity: UK/US perspectives

Purpose – The purpose of this paper is to show that lesbian, gay, bisexual and transgender (LGBT) elders suffer from particular discrimination when compared to that suffered by elders in general and heterosexual elders in particular, and to argue for specific consideration for those who suffer from discrimination based upon a combination of their age and sexual orientation or gender identity.Design/methodology/approach – The paper is the result of a desk study of US and UK material plus some interviews in the USA with LGBT organisations.Findings – It is found that LGBT elders do suffer from particular discrimination when compared to that suffered by elders in general and heterosexual elders in particular.Research limitations/implications – This research needs to be placed in a wider context of dealing with discrimination on intersectional grounds and is an example of how such an approach is needed.Practical implications – This paper is a contribution to the debate around the newly published Equality Bill ...

Lifelong learning and age discrimination in employment

Age discrimination in employment can be perfectly lawful in the United Kingdom. Older workers are discriminated against when they seek employment and whilst they are in employment, as well as being encouraged to leave the workforce. One of the purposes of a programme of lifelong learning is to aid the employability and career progression of individuals within the workforce. There is, however, little evidence to show that those who enter or return to higher education as mature students fare any better than other workers in avoiding discrimination based upon their chronological age. The Government introduced a voluntary code of practice on age diversity in employment and resisted legislation on the subject. There appears, however, to be a contradiction between this resistance and the Governments encouragement of the principle of lifelong learning.

Age discrimination: equal treatment with exceptions.

The likelihood of age discrimination in relation to employment increases the older a person becomes. The concern is that, partly as a result of this discrimination, large numbers of older workers leave the workforce and become economically inactive. This in turn brings increased pressures on the remaining members of the workforce and increased pressures on public finances in relation to pensions and healthcare. The Equal Treatment in Employment and Occupation Directive (2000/78/EC) approaches this problem by introducing the principle of equal treatment in a number of areas related to employment, including age. The reasons for action on age discrimination rests upon two potentially conflicting justifications. The first is a human rights one based upon the right of all persons to equality before the law and the second is one concerned with implementing EC Employment Guidelines on integrating disadvantaged groups into the workforce. This second justification is likely to lead to a much more pragmatic approach which in turn may compromise the principle of equality of treatment. This article, uses survey material, to argue that the potential conflict between an equal treatment approach and the functional, more pragmatic, approach may lead to a lessening of the effectiveness of measures prohibiting age discrimination.

Disability quotas: Past or future policy?:

This article considers the issues associated with the use of quota systems for the employment of workers with a disability. It examines the use and experiences of such quotas in Italy, Russia and the United Kingdom. Italy has a long established quota system for the employment of such workers, whilst the modern Russian system is a more recent innovation. In contrast, the UK abandoned quotas in the 1990s. The article draws on the experiences of the three countries to consider generally whether the use of quotas is an acceptable means of encouraging employers to take on disabled workers, or necessary to achieve this objective.

Older Workers and the Need for Reasonable Accommodation

This article is concerned with the close relationship between age and disability and argues that the duty to make reasonable accommodation, a measure intended to achieve a level of substantive equality for disabled workers, should also be applied to older workers. It considers the special provisions with regard to discrimination on the basis of disability and age contained in Articles 5 and 6 of the Framework Directive for Equal Treatment in Employment and Occupation and their justification. It then considers the relationship between disability and age and how the likelihood of having a disability increases with age. It then looks at the duty for reasonable accommodation and the perceptions of employers towards this duty, age and disability. The argument put forward is that some discrimination against older workers may take place because of the likelihood of them developing a disability or long term health problem and that, in order to be properly protected, the duty of reasonable accommodation should be extended to include older workers.