Global Taxes

Publications for Diversity and Equality Law Committee

Violence and harassment at work: an international battle we need to fight

The ILO Convention C190 is the first international treaty to recognise the right of everyone to a world of work free from violence and harassment. The scope of C190 is, however, too wide and exceeds just labour or work scenarios which have led to few jurisdictions actually implementing it. This article will approach the scope and discussions around this important ILO regulation.

Released on Oct 3, 2022

The importance of the ESG movement to employment and diversity lawyers

The emergence of a powerful ESG movement, embracing so many causes and interested parties, requires more attention by employment and diversity lawyers with regard to monitoring compliance issues and to anticipate campaigns and complaints in advance.

Released on Oct 3, 2022

The GDPR: Sanctions without culpability?

Austrian law requires evidence of culpable behaviour by managing directors before imposing company fines under the GDPR. However, this requirement could soon be fundamentally changed by a case currently pending at the European Court of Justice.

Released on Sep 28, 2022

The coordination of family care tasks and employment in Argentina

Argentine national authorities implement measures to redistribute care tasks and remove inequalities that derive from its traditional unequal distribution.

Released on Sep 27, 2022

Italy: recent legislative steps towards gender equality in the workplace

On 18 November 2021, law No 162 of 2021, ‘Amendments to the code referred to Legislative Decree No 198 of 11 April 2006, and other provisions on equal opportunities for men and women in employment’ (Equal Pay Law) was published in the Official Gazette, providing important new regulations on discrimination and gender equality in the workplace. Its aim being to reduce the gender pay gap and encourage women’s participation in the labour market. The new legislative affects Legislative Decree No 198 of 2006 (the ‘National Code of Equal Opportunities between Women and Men’) by expanding existing text and introducing new articles.

Released on Sep 27, 2022

How to achieve an equal workplace for transgender employees in Brazil

Approaching the transgender discussion in Brazil from a labour and employment perspective highlights circumstances which may be challenging for companies and employees, especially as there are no specific laws regulating how companies should proceed on a day-to-day basis to promote a workplace free of discrimination. Companies may however, adopt various practices based on case law to provide an equal workplace, respecting the fundamental rights of transgender people, including their right to work.

Released on Sep 26, 2022

The impact of the pandemic on diversity and equality law in the UK

The aim of this article is to highlight some underlying workplace trends which have developed in the United Kingdom during the Covid-19 pandemic that raise important managerial issues for employers, both in relation to diversity and potential discrimination claims.

Released on Oct 29, 2021

Diversity and equality: recent developments in Korean law

This article looks into the recent developments in South Korea on diversity and equality issues, with a focus on sexual harassment, workplace harassment (bullying) and discrimination in the workplace.

Released on Oct 29, 2021

Developments in the recognition of equal rights for same-sex couples: an Italian case law perspective

Over the past few months, the Court of Appeals of Milan has upheld the rights of same-sex couples in the areas of employment and pensions. In this article, two judgments that are particularly representative of developments in the recognition of equal rights for same-sex couples will be briefly commented upon.

Released on Oct 29, 2021

The future of workforce structuring in India

The Covid–19 virus has impacted the global community in a manner that has never been seen before, and it is safe to say that the impact of the virus has been immense and, in most cases, shocking. This article seeks to highlight key considerations for organisations that have adopted alternate forms of workforce engagement as a result of the pandemic.

Released on Oct 29, 2021

Religious freedom in the workplace

This article discusses some aspects of the approach of the European Court of Justice and the European Court of Human Rights to analysing religious freedom in the workplace and balancing it with other competing rights. Landmark rulings from both courts are used to illustrate the legal tests and principles that employers and national courts should follow to avoid discrimination of employees and respect religious freedom.

Released on Oct 29, 2021

‘Personal objections’ to masks: accommodation not required

In several recent decisions, the Human Rights Tribunal of Ontario has confirmed that it is only necessary to accommodate individuals that refuse to wear a mask due to a protected ground under the Ontario Human Rights Code and not for reasons based solely on personal objections. As these issues evolve, it is unclear if this approach to masks, and a generally pro-employer perspective, will prevail as employers and governments pivot towards making vaccination mandatory.

Released on Oct 29, 2021

Recent developments in affirmative action for hiring women and Black people in Brazil

Women and Black people have historically had a severe employment disadvantage in Brazil, compared to men and white people. Because of this, a growing number of recruiting processes have been directed by employers only to female and Black workers. In the past year the Public Labour Prosecution Office advocated for the use of affirmative action to reduce social inequalities based on the principle of isonomy, recognising the lawfulness of positive discrimination practices in Brazil.

Released on Oct 29, 2021

Developments in Austrian and European case law on gender discrimination in occupational pension schemes

The issue of gender equality in occupational pensions has a long history and chain of case law in Austria and the European Union. This article discusses current developments in Austrian and European case law on the topic of gender discrimination in occupational pension schemes.

Released on Oct 29, 2021

Violence based on gender and diversity and discrimination at work

Gender-based inequality is a battle women have historically waged in the social, economic and employment spheres. This article addresses, in particular, the phenomenon that women face in the labour market even today, being judged when taking up important jobs and not receiving equal pay to men in the same position.

Released on Oct 29, 2021

Argentina’s mandatory quotas for women in corporate bodies and LGBTQ+ people in public sector jobs

Argentinian national and local authorities, and important civil society actors, take affirmative actions to level the playing field for particular groups that have had difficulties gaining entry to certain sectors of society.

Released on Oct 29, 2021

India’s new law on the protection of rights of transgender persons

With the recognition of ‘transgender’ as the ‘third gender’, the Supreme Court of India laid down the foundation for the recognition of rights of transgender persons in India in 2014. Through the recently enacted Transgender Persons (Protection of Rights) Act 2019, these rights have now been enshrined into a much-awaited legal framework. The article analyses the key features of the law, the hits and misses and the impact on employers, especially in the private sector.

Equalisation of rights for adoption and surrogacy

This article aims to analyse the lack of Argentine labour legislation and the current approaches due to doctrine, jurisprudence and employers’ practice for leaves of absence in the events of adoption and surrogacy, focusing also on the situation of non-pregnant female employees and the case of equal marriages or partners.

From the Co-Chairs, Diversity and Equality Law Committee, November 2020

A message from the Co-Chairs of the Diversity and Equality Law Committee, October 2020.

Supreme Court of Canada upholds genetic non-discrimination law

This article looks at the Genetic Non-Discrimination Act, which was passed in 2017, and ruled as constitutional in July 2020 by the Supreme Court of Canada. However, the Act may have potential widespread effects on technology and privacy laws in the future.

Gender gap in Italy: equality is still a mirage

The article aims to analyse the current state of gender inequality in Italy, starting with the recent ‘warning’ issued by the European Committee of Social Rights, moving on to Italian case law on the subject and, finally, looking at the emergency regulation introduced by the Italian Government as a result of the Covid-19 outbreak.

Working from home: key Indian employment law considerations for employers

This article seeks to highlight certain Indian employment law issues that employers should be mindful of when their employees are working from home, as Indian employment laws do not contemplate the modern concept of working from home and the issues and nuances stemming therefrom.

Argentine measures around Covid-19: protection of risk groups and work sources

The outbreak of Covid-19 has shaken the world and all types of activity. This article explores the measures taken by the Argentine government in the middle of a pre-existing crisis to protect risk groups and employment. Are the measures taken appropriate, in light of such a crisis?

Are new laws needed to fight discrimination? The case of dismissals as a consequence of gender reassignment

The principles of equal treatment and non-discrimination have recently been in the spotlight as social awareness has increased the need to protect specific categories of person, particularly in the workplace. Women were the first protected category against discrimination based on sex. Nowadays, whether gender reassignment can be protected through the provisions safeguarding gender discrimination is a controversial topic.