Publications for Diversity and Equality Law Committee
Navigating the multigenerational workforce and advocating for gender pay equality in the Thai legal sphere
Managing a multigenerational workforce poses challenges for Thai law firms, where traditional values often clash with modern practices. This article explores these challenges, and advocates for gender pay equality, emphasising the need for inclusive policies and proactive measures to bridge generational and gender gaps in the workplace.
Released on Apr 25, 2024
Member States and employers to get ready for more pay transparency in the European Union
On 10 May 2023, the European Union (EU) adopted the Pay Transparency Directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (‘the Pay Transparency Directive’ or the ‘Directive’). Member States have until 7 June 2026 to transpose the Directive into their national laws.
Released on Apr 25, 2024
Information and Communication Technologies and its impact on the Generation Gap
In the era of Information and Communication Technologies (ICT) and the immediacy of communications, customers increasingly expect concise, fast and precise responses. Promptly answering to the business requirements is pivotal. Like industrial organisations, those that offer services also need to adapt their processes and resources to meet this demand for agility and efficiency. Digitalisation has become a vital tool to satisfy these needs. It optimises, simplifies and facilitates tasks, increases productivity and improves results. But, for whom?
Released on Apr 25, 2024
Gender pay equality – what is the United Kingdom waiting for?
This article examines the progress of gender pay equality in the UK as of 2024 and considers the possibility of reducing the ‘pay gap’ in the future, looking at developments in certain industries and the EU and US which could be adopted more generally in the UK.
Released on Apr 25, 2024
Neurodiversity at the workplace: what employers need to know
Neurodiversity requires a more open and active conversation at the workplace. Small efforts from corporations to sensitively approach the subject could go a long way in making the workplace more inclusive for neurodiverse individuals.
Released on Apr 25, 2024
Artificial intelligence in HR processes: the boundaries of Italian employment law
Italy has recently experienced an increase in the adoption of AI-assisted tools among employers seeking to leverage technology to enhance HR efficiency and decision-making processes. This is particularly so in talent identification/recruitment processes and in training/performance-measurement areas. However, the Italian legal framework (ie the applicable laws, some of them dating many years ago, and how they are interpreted by the courts, tend to be rather restrictive) poses significant limitations on the implementation of AI-driven tools, principally as concerns regarding the safeguarding of workers’ rights, transparency and data protection, information to unions and non-discrimination. This contribution tries to focus on how to balance such restrictions with the need to keep pace with the advances in AI, which are expected to reshape the HR world.
Released on Apr 25, 2024
Rethinking Indian law on equal pay: towards gender pay equality in workplace
This article discusses the Indian legal framework on equal pay and analyses how the principle of ‘equal pay for same work or work of similar nature’ limis the efficacy of addressing the complex dynamics of pay inequality. Furthermore, the article explores the broader concept of equal pay for equal work or work of equal value to tackle the long-standing issue of gender pay disparity in workplaces.
Released on Apr 25, 2024
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