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Gender discrimination

Gender discrimination is a broad topic that addresses unequal treatment based on sex, gender identity, or gender expression. 

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Algemene wet gelijke behandeling (Equal Treatment Act)

This Act prohibits both direct and indirect discrimination between men and women. Direct discrimination includes discrimination based on pregnancy, childbirth, or motherhood, and indirect discrimination is based other characteristics that result in sex discrimination. The Act covers discrimination in employment, equal pay and pension schemes, and excludes discrimination aimed at placing women in a privileged position or occupations in which sex is a determining factor because of the nature of the occupation in question.

Ali v. State & Ors

In Ali v. State & Ors the Delhi High Court struck down the court’s gate pass policy that required photo ID and justification for entry. It held the policy unconstitutional for violating the open court principle under Indian procedural law by limiting access to listed litigants or those inspecting records. The Court found the rule disproportionately burdened vulnerable groups, including the poor, women, and children, and risked denying access to justice.

Allegheny County v. Wilcox

The defendant-appellant, the Court of Common Pleas, appealed a ruling by the Pennsylvania Human Relations Commission (“PHRC”).  The PHRC had ruled that the defendant discriminated against female secretaries with respect to compensation and directed them to upgrade the secretaries’ wages and to pay them back pay.  The defendant argued that the PHRC could not require it to increase the wages and also that it was not considered an “employer” under 43 P.S.

Allen v. Totes Isotoner Corp.

The plaintiff-appellant, an employee of Totes/Isotoner Corporation, had for two weeks taken breaks without her employer’s knowledge to lactate. After the defendant fired her “for her failure to follow directions,” the plaintiff filed suit alleging wrongful termination on the basis of her pregnancy. The Butler County Court of Common Pleas granted summary judgment in favor of her employer, and the Court of Appeals of Ohio affirmed.

Amponsah v. Nyamaah

Mrs. Amponsah filed for divorce from her husband Mr. Nyamaah. She asked that a property the couple held be partitioned and that she receive her portion of its value. Mr. Nyamaah asserted that the house belonged to his father, who then granted the land to him. He argued that Mrs. Amponsah had no interest in the house, relying on a precedent which held that “a wife by going to live in a matrimonial home, the sole property of the husband, did not acquire any interest therein. She only had a right to live in the matrimonial home as long as the marriage subsisted.” The court held that Mr.

Analysis of the precedents of the Cantonal Courts on the Gender Equality Act

The study is an in-depth analysis of 190 records of cantonal conciliation hearings and judgments under the Federal Gender Equality Act, 1996 (the “Act”) over the period of 2004 to 2015 by authors Karine Lempen (Law Professor, University of Geneva) and Aner Voloder (Lawyer, Office for Gender Equality of the Municipality of Zurich).  Among the major findings and conclusions reached in the study are the following:

Andrew Manunzyu Musyoka (Deceased)

The applicants are the sons and wife of the deceased and are seeking to apply the Kamba customary law that would not permit a daughter to inherit her father's estate if she is married.  The Court held that the Kamba customary law is discriminatory insofar as it seeks to prevent a married daughter from inheriting her father's estate under the Succession Act.  It specifically noted that although the Kenyan constitution specifically provides for customary law to take precedence over the Constitution in matters dealing with property inheritance after death and other personal issues, K

Anti-Discrimination Act (Tasmania)

The Anti-Discrimination Act 1998 makes it unlawful to directly or indirectly discriminate on the basis of certain grounds (‘attributes’), including sexual orientation, lawful sexual activity, gender, gender identity, sex characteristics, marital status, relationship status, pregnancy, breastfeeding, parental status, family responsibilities, irrelevant medical record, association with a person who has, or is believed to have, any of these attributes.

Anti-Discrimination Act of 1992 (Northern Territory)

The Anti-Discrimination Act prohibits discrimination in certain settings on the grounds of any designated attribute, including sex, sexuality, marital status, pregnancy, parenthood, breastfeeding, gender identity, and sex characteristics. The settings in which discrimination based on a designated attribute is prohibited include: education, work, accommodation, provision of goods, services and facilities, clubs, and insurance, and superannuation.

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