Publications for Diversity and Equality Law Committee

  • Subject
  • Year
Intersex rights emerging across Europe

This article highlights the challenges faced by the intersex community and discusses the increasing recognition of intersex rights across Europe. It focuses on recent legal developments in Greece and France, data inquiry pursued by the Polish ombudsman office, the soft measures adopted by the Council of Europe and the European Parliament and the recent judgments of the European Court of Human Rights. The conclusion emphasises the underrepresentation of intersex rights and calls for broader recognition in the international human rights community.

Released on Feb 8, 2024

Beyond barriers: the role of technology in disability-related inclusion

The advancement of artificial intelligence (AI) and assistive robotics provide a world of opportunity for employers with regard to creating an inclusive workplace for people with disabilities.

Released on Sep 21, 2023

UK four-day working week trial yields promising results

This article examines the outcomes of the world's largest trial of a four-day working week to date and considers the issues employers need to take into account when contemplating making the change.

Released on Sep 21, 2023

Retention strategies for female talent in law firms

This article outlines the conditions law firms must put in place to cater specifically to the needs of their female talent, in order to increase female retention rates and, as a result, improve diversity and inclusion.

Released on Sep 21, 2023

New protocol from Italian institutions to monitor gender equality in the workplace

This article outlines a new protocol executed by the Italian National Labour Inspectorate and National Equality Counsellor, who will work together to carry out in-depth analysis of initiatives concerning labour issues from a gender perspective.

Released on Sep 21, 2023

Male allies in the pursuit of gender equity and inclusion

For years, women have been calling out the invisible barriers they face in the different aspects of their lives, but many times their calls have only been heard by other women. When men hear, understand and bring their voice to these issues, their efforts to advocate for closing the gender gap are more likely to be heard at higher levels and have more impact.

Released on Sep 21, 2023

Inclusion and integration of employees with disabilities in business: sought-after changes in Italy

Despite an inadequate legislative framework that has failed to support the effective inclusion of disabled people in business in recent decades, progressive practices are gradually emerging in the business community whereby the hiring of employees with disabilities (through identification and valuation of their diverse talents) becomes a mutually profitable opportunity and a virtuous compromise between social responsibility and business needs.

Released on Sep 21, 2023

Four-day work week: Canadian legal implications cannot be ignored

This article considers the potential implications that may arise from a transition to a four-day work week by companies in Canada.

Released on Sep 21, 2023

Disability inclusion in the workplace: the evolving landscape in India

While many Indian employers have embraced affirmative action, in particular in the last couple of years, there is a lot more to be done to ensure inclusivity in its true sense. This article outlines the legal standpoint in India and the relevant obligations on employees.

Released on Sep 21, 2023

Disability diversity in the Indian workplace

This article considers the evolving landscape of disability rights in Indian workplaces, with a focus on progressive initiatives shaping a more accessible and equitable professional environment for all.

Released on Sep 21, 2023

Brazil’s new equal pay law: a big step towards gender parity

This article provides an overview of Law 14,611/23, which introduces several obligations for private legal entities with more than 100 employees to guarantee equal salary and compensation criteria for women and men undertaking work of equal value; namely, the publication of a bi-annual Salary Transparency Report.

Released on Sep 21, 2023

One year later: Argentina’s regulation on employers’ obligation to provide nurseries and day care centres for children of their personnel

This article considers how companies in Argentina are complying with a new regulation that obliges employers to provide childcare services to their workers or, as an exception, reimburse the related expenses. It also outlines why companies committed to promoting equal opportunities for all their employees should review their market practices.

Released on Sep 21, 2023

India’s workplace sexual harassment law: a decade on

This article outlines the numerous interpretations of the Indian POSH Act by the courts over the past ten years, and considers to what extent the law’s original intent has been met in reality.

Released on Sep 21, 2023

Gender balance quotas: The key to gender equality?

Gender equality in boardrooms is lagging behind. Some European countries have already made efforts to compensate for the underrepresentation of women on boards through legislative action; an approach that is now also being pursued by the European Union (EU) with the adoption of the so-called ‘Women on Boards’ Directive (EU) 2022/2381. This article provides an overview of the regulations passed and sheds light on their background.

Released on Apr 21, 2023

Gender discrimination and related matters in Japan

This article discusses gender discrimination in Japan as it pertains to employment and diversity and inclusion.

Released on Apr 21, 2023

Human trafficking: Canadian court confirms statutory tort applies to temporary foreign workers

This article looks at the recent decision of the Ontario Superior Court of Justice involving a temporary foreign worker. As a result of this ruling, there is now some prospect that statutory claims may be available in human trafficking cases, including those involving labour brokers where the worker can establish exploitation.

Released on Apr 21, 2023

The role of diversity policies in the competition for labour

This article analyses the current recruitment crises across Western Europe and how diversity policies may shape the ability to compete for labour.

Released on Apr 21, 2023

The Naples Court of Appeals: Disabled employees cannot be indirectly discriminated against due to absence for sick leave

In a recent judgment, Judgment No 168/2023, the Naples Court of Appeals upheld the decision of the lower court, declaring it unlawful to dismiss an employee with a degenerative disease for exceeding the grace period. This important decision supports the legal stance that including the provision for the grace period for employees with less serious illnesses and disabilities in collective bargaining agreements is a form of indirect discrimination under Legislative Decree 216/2003 and EU’s Equality Framework Directive 2000/78/EC.

Released on Apr 21, 2023

Moonlighting: A solution for employees, a challenge for employers

This article looks at the emergence of the practice of moonlighting and analyses the impact this has on traditional employer–employee dynamics.

Released on Apr 21, 2023

Harnessing diversity in India: Ensuring policies on inclusion are effective

This article seeks to assess the gap between the objective of diversity and inclusion related statutes and their practical application and provide guidance on the practical measures that organisations can adopt to facilitate a diverse and inclusive workplace.

Released on Apr 21, 2023

Burnout and the legal impact on employment relationships in Brazil

The number of employees suffering from burnout in Brazil is significant. As it is now considered an occupational phenomenon, companies should be mindful to prevent it and structure the necessary measures to create a healthier workplace.

Released on Apr 21, 2023

Diversity and equality: Has the pandemic changed the modern-day workforce?

Diversity and equality in the workplace are being discussed more often and more frequently by organisations and are becoming a core element used to gauge an organisation’s reputation. For example, certain companies will not work with a firm that does not have a clear and practical framework in place to address these issues. This is an encouraging sign in terms of creating a more diverse society.

Released on Apr 20, 2023

The road to equal pay and pay transparency: What do the EU’s Directive and the recent ruling by the German federal labour court mean for employees and employers?

This article looks at the latest developments concerning equal pay and pay transparency in Germany, following a ruling by the General Federal Labour Court in February 2023. The article analyses this decision in light of the broader EU law, given that the equal pay principle has been one of the founding principles of the EU and was already enshrined in the Treaty of Rome 1957. Furthermore, the article also looks at recent EU initiatives to strengthen this principle and assess their expected impact.

Released on Apr 20, 2023

Employment and diversity lawyers and the ‘S’ in ESG

This article intends to highlight the workplace issues that have emerged as a result of the growing ESG movement.

Released on Apr 20, 2023

Italy welcomes legislative changes in the area of DE&I

Italy welcomes legislative changes that represent a clear sign of greater awareness of diversity, equity and inclusion (DE&I) issues and urges employers towards a rapid cultural change, where human resources (HR) personnel can play an important role. Therefore, the attention is switching from more traditional areas of employment law to new ambits where lawyers can effectively collaborate with clients to shape forward-looking organisations.

Released on Apr 20, 2023

Gender equity in the Brazilian job market and the importance of role models

Despite their higher frequency in tertiary education, women face great challenges in securing management positions. Numerous studies have reported how invisible barriers, such as unconscious bias, are responsible for perpetuating the workplace gender gap.

Released on Apr 20, 2023

Alternative working arrangements in Argentina

Remote working has arrived as a result of the deep post-pandemic change in employees’ expectations, focused on achieving a better work–life balance, consequently alternative working arrangements had and still have a central role in the labour sector. In Argentina, and Latin America, a new trend that has come to stay is hybrid-style working, which implies a combination of in-person work and remote work. In order to implement this hybrid-style working format, human resources departments are currently using encouragement measures to entice employees back into the office.

Released on Apr 20, 2023

Gender identity under Austrian employment law

An employee’s gender can play a crucial role during their employment period and the entitlements arising from it. Austrian law so far has only known a binary gender (female and male) system. In 2018, the Austrian Constitutional Court ruled that a person can have different genders other than female or male. Thus, as a result of Constitutional Court case law, a third gender was introduced into the Austrian legal system. The following article discusses the effects this ruling has on current Austrian employment law related to the gender of the employee.

Released on Apr 20, 2023

Workplace harassment in Korea: Meeting the criteria

Since the addition of provisions on workplace harassment to the Korean Labour Standards Act (LSA) in July 2019, workplace harassment has become a prevalent issue reviewed and investigated by companies in Korea. The somewhat broad definition of workplace harassment, as explained below, has also led to more whistleblower reports, making it increasingly important to understand what constitutes workplace harassment.

Released on Apr 20, 2023

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