Sentences with phrase «racial discrimination based»

Several cases from this past quarter involved claims for racial discrimination based on a lender's denial of a loan modification.

Not exact matches

The Supreme Court made it illegal to strike based on racial or sexual discrimination.

The company called the reference to 100 subjects of racial discrimination «a complete fabrication with no basis in fact at all,» as there is currently only one plaintiff (Marcus Vaughn).

«Because Congress did not have a «strong basis of evidence» upon which to conclude that DoD was a passive participant in pervasive, nationwide racial discrimination — at least not on the evidence produced by DoD and relied on by the district court in this case — the statute fails strict scrutiny,» the decision stated.

There is little difference between religious discrimination in a public advertising medium and racial, creedal or sexual discrimination in the voting booth, the sale of housing, or as the basis for employment.»

Through fair employment practices acts some states are seeking to outlaw discrimination in employment based on racial or creedal background.

The meaning of scripture can be twisted to serve the purposes of men so we must do everything that we can to ensure that the «Good Words» that are taught are the actual words of Yehoshua rather than the selected words of Paul and the Old Testament that form the basis of discrimination against women, racial minorities, homosexuals, and «different» religions (including atheism).

When the Supreme Court revoked Bob Jones University's tax - exempt status in 1983 because of its racial discrimination, it noted that «certain governmental interests are so compelling as to allow even regulations prohibiting religiously based conduct.»

Even though that act prevented discrimination based on people's religion and gender also, it is still most highly associated with racial rights.

As Avi pointed out the Supreme Court has ruled against discrimination based on race but racial discrimination is protected by federal law and would have been illegal even outside of the primaries.

«When I saw additional documents I learned that my dismissal was not based solely on (racial) discrimination, I decided to withdraw,» said Pinkney - Price.

During the United Nations International Day for the Elimination of Racial Discrimination, we can remember the mistakes and celebrate the progress we have made to try to eliminate race - based dDiscrimination, we can remember the mistakes and celebrate the progress we have made to try to eliminate race - based discriminationdiscrimination.

Seventy - one studies involved racial discrimination, and the rest examined discrimination based on sexual orientation and gender.

Race - based stressors, including perceived discrimination and the fear of fulfilling negative stereotypes, have psychological effects and physiological effects on the body, which may contribute to the racial - ethnic achievement gap, new Northwestern University research suggests.

Based on Alicia Erian's controversial novel «Towel Head», Nothing Is Private is a comedy about pedophilia and racial discrimination.

Discrimination can include denying a loan or home sale based on racial criteria.

This disparity is rooted in structural, race - based disadvantages, including, according to Marshall Steinbaum's research, «segregation within higher education, which relegates minority students to the worst - performing institutions, discrimination in both credit and labor markets, and the underlying racial wealth gap that means black and Hispanic students have a much smaller cushion of family wealth to fall back on, both to finance higher education in the first place and also should any difficulty with debt repayment arise.»

Cage also composed Primitive (1942) for Wilson Williams, and Our Spring Will Come (1943) for Trinidad - born dancer Pearl Primus whose choreography was based on Langston Hughes» poem Our Spring (1933), voicing the racial politics and discrimination underlying the era of American modernism.

She stood there the entire time, acting out a script based on an 8 - hour City Council session from 1991 about an ordinance proposed by councilwoman Dorothy Mae Taylor to end racial and gender discrimination in the private luncheon clubs during Mardi Gras.

From the Harlem Renaissance in the 1920s to the Civil Rights Movement in the 1960s and the progressive transformation from «negro» to «black,» the French art historian and curator establishes a context of analysis based on historical study (slavery, racial discrimination), enlightened with close readings of many works by artists such as David Hammons, Adrian Piper and Renée Green.

In the CLE session, sponsored by the Criminal Justice Section, Stubbs walked the audience through the current state of the death penalty in the United States, how racial discrimination affects who is sentenced to death, and how the diminished use of the death penalty could form the basis for a future Supreme Court decision abolishing it entirely.

Applying it on the basis of Indian status is racial discrimination that violates the children's equal protection and due process rights under the Fifth and 14th Amendments, the plaintiffs say.

First, nothing in international or domestic law imposes a broad based aboriginal right to consent, notwithstanding the RECOMMENDATIONS of the Committee on the Elimination of Racial Discrimination.

Last year, a federal court ruled that two African - American workers could pursue a racial discrimination lawsuit based upon an isolated use of the «N - word.»

Mr. Latif argued that this denial amounted to discrimination on the basis of race, since the DOJ had engaged in racial profiling and Bombardier had followed the decision.

«Whether you are using racial preferences because your clients want you to or [because] you want to, you almost certainly are risking liability,» Levey said... «Not only may a law firm be liable for discrimination, but so may be the individual employees and partners at the law firm that participated in the discriminatory decisions,» writes Levey in his paper titled «The Legal Implications of Complying with Race - and Gender - based Client Preferences.»

This sentiment is supported by evidence that not only are these individuals underrepresented in senior positions such as partnerships, they face discrimination — including racial profiling — on a daily basis.

The breach of CFREU, art 47 means that relevant provisions of the SIA do not apply to their claims based on EU law such that the Claimants can litigate these claims in the employment tribunal (i.e. claims of unlawful race discrimination, harassment on racial grounds and breaches of working time regulations).

Legal Feeds Blog Appeal court upholds racial discrimination ruling against Peel law librarian Two black lawyers and an articling student who were asked to show their IDs in a Brampton, Ont., court several years ago were discriminated against based on their race, the Ontario Court of Appeal ruled Thursday.

However, the US Civil Rights Act of 1964, which was enacted to address racial discrimination, also covered employment and prohibited discrimination in the workplace on the basis of sex.

[177] The Court also directed its attention to the position taken in the international community in eradicating discrimination including the dissemination of ideas based on racial and religious superiority.

By definition, discrimination that is based upon that test is discrimination on racial grounds under the Act.»

Recent examples of our work in discrimination law include suing an immigration detention centre for racial discrimination, challenging the police for stopping and searching people based on race, challenging discriminatory bail conditions applied to people wrongly arrested during the London riots, failing to protect a homosexual prisoner from assault by homophobic inmates and persuading a school to apologise and train relevant staff after it excluded a pupil with Attention Deficit Hyperactivity Disorder.

Since Brown v. Board of Education, the Supreme Court has relied on, and received briefing on, empirical examinations of the educational results of racial discrimination and race - based remedies in education.

Known as «disparate impact» discrimination, the problem is that blanket policies may disproportionately exclude protected classes (based on racial groups, gender, or one of several other categories) from employment because the reason for exclusion is more common in a certain group.

And they're making themselves vulnerable to a racial discrimination lawsuit (or an appearance discrimination suit, in the small number of jurisdictions that prohibit making employment decisions on the basis of appearance).

To this end, I note that the Racial Discrimination Act 1975 (Cth)(RDA) makes it unlawful to discriminate on the basis of race and that the Act applies to Shared Responsibility Agreements.

I commend the approach adopted by the South Australian Government as an approach consistent with important human rights standards, in particular, that there be effective participation by Indigenous peoples in the development of policies that affect their rights.5 Moreover it is consistent with General Recommendation VIII of the Committee on the Elimination of Racial Discrimination (the CERD Committee) which states that «group membership shall, if no justification exists to the contrary, be based upon self - identification by the individual concerned.»

Through personal contact with Indigenous people who had been taken from their families, many non-Indigenous Australians in the 12 months since the release of Bringing Them Home began to gain a better understanding of the discrimination experienced by Indigenous people, and an insight into damage done by policies based on racial stereotypes which reinforced and perpetuated the very stereotypes underpinning these policies.

This is consistent with the definition of racial discrimination in Article 1 of the Convention referring to a distinction on the basis of race «which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights.»

In my view General Recommendation XIV makes it clear that where differential treatment on the basis of race addresses the disadvantage suffered by a particular racial group as a result of discriminatory practices or where the cultural identity of a particular racial group is recognised and protected by differential treatment, such beneficial measures will not constitute discrimination within the Convention.

In 2000 the Committee on the Elimination of Racial Discrimination (the CERD Committee) the Human Rights Committee, and the Committee on Economic Social and Cultural Rights criticised Australia's native title legislation based on Australia's obligations under the Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Covenant on Civil and Political Rights (ICCPR) and the Covenant on Economic, Social and Cultural Rights (ICESCR) respectively.

We also need to eliminate racial discrimination in the Constitution — such as the section that still says people can be banned from voting based on race.

Indigenous Allied Health Australia (IAHA), a national not for profit, member based Aboriginal and Torres Strait Islander allied health organisation, stands against all forms of racism and racial discrimination.

On 9 December 2000 the Senate referred to the PJC for inquiry and report; (a) whether the finding of the Committee on the Elimination of Racial Discrimination (CERD) that the Native Title Amendment Act 1998 is consistent with Australia's international legal obligations, in particular, the Convention on the Elimination of All Forms of Racial Discrimination, is sustainable on the weight of informed opinion; (b) what the amendments are required to the Act, and what processes of consultation must be followed in effecting those amendments, to ensure that Australia's international obligations are complied with; and (c) whether dialogue with the CERD on the Act would assist in establishing a better informed basis for amendment to the Act.

8 On 9 December 1999 the Senate referred to the PJC for inquiry and report; (a) whether the finding of the Committee on the Elimination of Racial Discrimination (CERD) that the Native Title Amendment Act 1998 is consistent with Australia's international legal obligations, in particular, the Convention on the Elimination of All Forms of Racial Discrimination, is sustainable on the weight of the informed opinion, (b) what amendments are required to the Act, and what processes of consultation must be followed in effecting those amendments, to ensure that Australia's international obligations are complied with; and (c) whether dialogue with the CERD on the Act would assist in establishing a better informed basis for amendment to the Act.

Indeed, contrary to Justice Mason's concern that the eligibility of the group enjoying the right is restricted to one racial group, it is because native title characteristically is held by members of a particular race that interference with the enjoyment of native title is capable of amounting to discrimination on the basis of race, colour or national or ethnic origin.

The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

3 The High Court's interpretation of the standard of equality required by the RDA is based on the definition of discrimination in Article 1 (1) of ICERD which defines racial discrimination as:

In the Social Justice Commissioner's view, based on these principles and the interpretation of them in Australian courts, Aboriginal Customary Law could be recognised as a legitimate differentiation of treatment that does not offend the prohibition of racial discrimination in sections 9 or 10 of the Racial Discrimination Act 1975 racial discrimination in sections 9 or 10 of the Racial Discrimination Adiscrimination in sections 9 or 10 of the Racial Discrimination Act 1975 Racial Discrimination ADiscrimination Act 1975 (Cth).