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Ableism at Work: Disablement and Hierarchies of Impairment [Pehme köide]

(University of Queensland)
  • Formaat: Paperback / softback, 252 pages, kõrgus x laius x paksus: 228x151x13 mm, kaal: 370 g, Worked examples or Exercises
  • Sari: Cambridge Disability Law and Policy Series
  • Ilmumisaeg: 23-Jun-2022
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108739776
  • ISBN-13: 9781108739771
Teised raamatud teemal:
Ableism at Work: Disablement and Hierarchies of ImpairmentSuurem pilt
  • Formaat: Paperback / softback, 252 pages, kõrgus x laius x paksus: 228x151x13 mm, kaal: 370 g, Worked examples or Exercises
  • Sari: Cambridge Disability Law and Policy Series
  • Ilmumisaeg: 23-Jun-2022
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108739776
  • ISBN-13: 9781108739771
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781108739771.html
Märksõnad:
The UN Convention on the Rights of Persons with Disabilities promotes ability equality, but this is not experienced in national laws. Australia, Canada, Ireland, the UK and the US all have one thing in common: regulatory frameworks which treat workers with psychosocial disabilities less favorably than workers with either physical or sensory disabilities. Ableism at Work is a comprehensive and comparative legal, practical and theoretical analysis of workplace inequalities experienced by workers with psychosocial disabilities. Whether it be denying anti-discrimination protection to people with episodic disabilities, addictions or other psychological impairments, failing to make reasonable accommodations/adjustments for workers with psychosocial disabilities, or denying them workers' compensation or occupational health and safety protections, regulatory interventions imbed inequalities. Ableism, sanism and prejudice are expressly stated in laws, reflected in judgments, and perpetuated by workplace practices and this book enables advocates, policy makers and lawmakers to understand the wider context in which systems discriminate workers with psychosocial disabilities.

The UN Convention on the Rights of Persons with Disabilities promotes ability equality, but this is not experienced in national laws. Ableism at Work: Disability and Hierarchies of Impairment is a comprehensive comparative legal, practical and theoretical analysis of workplace inequalities experienced by workers with psychosocial disabilities.

Arvustused

' Harpur's study is more in depth and thus geared more to professionals the presentation is clear, logical, and accessible.' A. B. Cochran, Choice

Muu info

This is a comprehensive comparative legal, practical and theoretical analysis of workplace inequalities experienced by workers with psychosocial disabilities.
Foreword xv
Peter Blanck
Acknowledgements xix
1 Introduction
1(17)
I Preliminary
1(6)
A Core Thesis
1(1)
B Comparative Research Method
2(2)
C A Note on Terminology: Mental Impairments and Psychosocial Disabilities
4(2)
D Why Psychosocial Disability?
6(1)
II Inequalities, Oppression and Ableism at Work
7(5)
A Are Persons with Disabilities Experiencing Inequalities in Exercising Their Right to Work?
8(4)
III Theorising Hierarchies of Impairment
12(6)
A Understanding Hierarchies of Impairment and Prejudice at Work
12(1)
B How Sites of Oppression Are Constructed between Impairment Categories
13(1)
C Prejudice against Psychosocial Disabilities
14(2)
Conclusion
16(2)
2 International Disability Norms at Work: International Law on Ableism at Work and the Hierarchy of Impairments
18(20)
Introduction
18(2)
I How Has International Labour Law Historically Problematised the Disabled Worker?
20(11)
A How the Collective Focus of the ILO Reduces Protection for Workers with Disabilities
21(3)
B The ILO and the Problematising Disability through the Medical Model
24(2)
C Workers with Disabilities and ILO Conventions and Jurisprudence: Discounting Ability Diversity at Work
26(1)
D The Social Model and Developments in Ability Equality at Work
27(3)
E ILO Embracing New Disability Human Rights Paradigm
30(1)
II The UN and the New Disability Human Rights Paradigm
31(6)
A The Emergence of the Disability Human Rights Paradigm and the CRPD
31(3)
B The Right to Work and the CRPD
34(1)
C No Hierarchies of Impairments: How the CRPD Promotes Ability Equality at Work
35(2)
Conclusion
37(1)
3 The CRPD Committee, Ableism and Hierarchies of Impairment at Work
38(16)
Introduction
38(2)
I The CRPD Committee and Its Role
40(2)
II The CRPD Committee and Understanding the Problem of the Hierarchies of Impairments at Work
42(5)
A The Right to Work and the Interdependency of Rights
42(2)
B Understanding the Problem: The CRPD Committee and the Denial of the Right to Work
44(3)
III Regulatory Failures Which Promote Ableism at Work and Hierarchies of Impairment
47(3)
A The Ability Apartheid Is No Accident: Regulatory Interventions That Aim to Exclude Workers with Disabilities
47(2)
B Hierarchies of Impairments in Laws Which Fail to Regulate Key Baniers to Ability Equality at Work
49(1)
IV Importance of Comparable and Disaggregated Data in Identifying and Addressing the Hierarchy of Impairments at Work
50(3)
A The CRPD on the Disaggregation of Data and Hierarchy of Impairments
51(1)
B Disaggregation of Data and Hierarchy of Impairments
51(2)
Conclusion
53(1)
4 Hierarchies of Impairment at Work in the Regulation and Response to Sheltered Work
54(27)
Introduction
54(2)
I Introducing Sheltered Workshops
56(4)
A What Are Sheltered Workshops?
57(1)
B Funding Sheltered Work
58(2)
II The CRPD Committee and the Agenda against Sheltered Work
60(4)
A How Does the CRPD Distinguish between Acceptable and Unacceptable Employment Options?
60(1)
B What Has the CRPD Committee Said on Sheltered Workshops?
61(1)
C Transitioning from Sheltered Work to Open Work Can Take Considerable Effort and Retraining
62(1)
D Why the CRPD Committee Is Opposed to Sheltered Work
62(2)
III Disability Scholarship That Supports the Position Taken by the CRPD Committee
64(3)
A Separate Is Bad
64(1)
B Exploitative Not to Pay Equal for Workers with and without Disabilities
65(1)
C Inability to Transition out of Sheltered Work
66(1)
IV Ableism in the Open Labour Market and Transitioning from Sheltered Work to What?
67(6)
A Transitioning to What? From Sheltered Permanent Employment to Low-Skilled Casual Employment
67(2)
B Beyond Precarious Employment to Precarious Work: Unsheltered and Unregulated Work
69(2)
C Non-Ideal Employment to No Employment: Experiences When Sheltered Workshops Are Closed
71(2)
V We Know What Is Good for You: Everything about You without You
73(5)
A My Voice My Choice: Hear Me
73(5)
B You Have My Voice, Now Help Me Use It: Disability Person Organisations
78(1)
Conclusion
78(3)
5 The Arbitrary Exclusion of Episodic and Psychosocial Disabilities from Legal Protection: The Duration Test Promoting Ableism at Work
81(21)
Introduction
81(1)
I Psychosocial Disabilities as Episodic Disabilities
82(4)
A What Are Episodic Disabilities?
82(1)
B Episodic Disabilities Are Misunderstood
83(1)
C Difference between Episodic and Stable Disabilities at Work
84(2)
II International Disability Norms: Protecting by Categories and Not by Need
86(5)
A Minority Group and Universalist Approach to Disability
86(2)
B The CRPD Adopts the Minority Group Approach
88(2)
C The Duration Test in the CRPD
90(1)
III Duration Tests and Disability Discrimination and Diversity Laws
91(9)
A Proving the Presence of a Psychosocial Disability
94(1)
B Faking or Real: Challenges in Proving Episodic Disability
95(4)
C Beyond Anti-discrimination Laws, How Do Other State Interventions Approach Episodic Disabilities?
99(1)
Conclusion
100(2)
6 Ability Apartheid at Work: The Policy of Stigmatising and Excluding `Unacceptable' Psychosocial Disabilities from Anti-discrimination Laws
102(20)
Introduction
102(3)
I Examples of Psychological Conditions That Are Deemed Outside Protection
105(8)
A Psychological Conditions Where Propensity for Conduct Deemed Unacceptable in Society
105(3)
B Substance Abuse Addictions
108(5)
II Is It Reasonable to Expect Workers with Psychosocial Disabilities to Rehabilitate to Gain Protection?
113(4)
A Attempts to Rehabilitate Can Enliven Anti-discrimination Protections
113(1)
B Mitigating an Impairment Is Normally Not Necessary
114(1)
C Should the Decision to Refuse Treatment Be Relevant in Considering What Are Reasonable Accommodations?
115(2)
III The Mutability of the Condition and the Immutability of the Legal and Social Stigma: Can Workers Remove the Outsider Identity Once Marked?
117(5)
A Counter-Productive to Deny Protection
117(2)
B Criminal Spent Conviction Laws Have Time Limit Where `Unaccepted' Psychosocial Impairments Do Not
119(2)
Conclusion
121(1)
7 Reasonable Accommodations in a Psychosocial Diverse Workplace: Hierarchies of Impairment at Work
122(31)
Introduction
122(2)
I How Can Reasonable Accommodations Enable Persons with Psychosocial Disabilities to Exercise Their Right to Work?
124(3)
A General Wellness Programs vs. Reasonable Accommodations
124(1)
B The Subjective Nature of Reasonable Accommodations
124(3)
II Hierarchies of Impairment and Reasonable Accommodations under International Law
127(9)
A Reasonable Accommodations and the ILO
127(1)
B Reasonable Accommodations and the CRPD
128(1)
1 The First Prong: Universal Design
129(1)
2 The Second Prong: Right to Reasonable Accommodation
130(1)
C CRPD Committee on the Right to Access and Reasonable Accommodations
131(1)
1 The CRPD Committee Promoting the Two-Prong Approach
131(1)
2 The Right to Access and Hierarchies of Impairment
131(3)
3 The CRPD Committee and the Right of Reasonable Accommodation
134(2)
III Law and Practices of Unreasonable Refusals to Accommodate Psychosocial Diversity at Work
136(6)
A The Test for Reasonable Accommodations
136(4)
B Employers Designing Work Structures and the Business Case for Exclusion: The Requirement for Standard Range of Behavioural Abilities
140(2)
IV Challenges for Workers with Psychosocial Disabilities in Making Reasonable Accommodation Requests
142(11)
A `Coming Out' with Mental Disability as an Invisible Impairment
142(1)
B Dilemma for Reasonable Accommodation: Emphasising Sameness or Difference
143(2)
C What Happens If the Accommodation Request Is Rejected?
145(1)
D Employer Demanding Disclosure of Disability
146(1)
E Resistance to Psychosocial Diversity at Work and to Making Accommodations for Workers with Mental Impairments
147(1)
F Uncertainty on How to Accommodate Psychosocial Impairments
147(1)
G Functional Accommodations vs. Changing Workplace Norms
148(1)
H Role of Stigma
149(1)
I Co-Worker Sanism
150(2)
Conclusion
152(1)
8 Using Occupational Safety and Health Laws to Promote Psychological Health at Work
153(27)
Introduction
153(2)
I International Law Norms on Occupational Safety and Health and Disability at Work
155(2)
II Helping Psychosocial Diversity: Occupational Safety and Health Duties to Promote the Psychological Health of Workers
157(7)
A Employers' Duty to Manage Their Workers' Psychological Health
158(4)
B Failing to Discharge the Duty to Protect Workers' Psychological Health: When Asking for Help Results in Unfavourable Treatment
162(1)
C Employers Failure to Protect Workers Psychological Health Can Contribute to Bullying and Violence at Work
163(1)
III How Occupational Health and Safety Laws Can Restrict Psychosocial Diversity at Work
164(16)
A Employers' Occupational Safety and Health Duty to Respond to Non-Ideal Social Interactions at Work
165(3)
B Bullying and Mobbing Laws Intensify Employer Attention on Preventing Non-Ideal Social Interactions at Work
168(4)
C Limitations on Excluding Workers due to Manifestations of Their Disability: The Limited Role of Antidiscrimination Law
172(5)
Conclusion
177(3)
9 Sanism and Ableism in the Law's Response to Injured Workers
180(27)
Introduction
180(2)
I Comparing and Analysing Systems for Compensating Workers Injured at Work
182(2)
II Workers' Compensation Laws Failing Workers Mentally Injured at Work and Enshrining a Hierarchy of Impairments
184(13)
A Higher Burden of Proof: Hierarchy of Impairments in Who Is Entitled to Workers' Compensation Payments
184(3)
B Scrutinising the Event Which Led to the Mental Injury: Traumatic or Unusual
187(2)
C Mental Injuries That Are Caused by the Exercising of Managerial Prerogative Are Not Normally Recognised
189(3)
D A Bizarre and Unfounded Assumption: Mental Injuries without an Associated Physical or Sensory Injury Are Not Real
192(1)
E Where Workers Mentally Injured at Work Are Deemed Less Unworthy
193(1)
F Hierarchy of Impairments in Compensating Workers for Mental Injuries
194(3)
III Negligence at Work: Judicial Distinctions between Physical and Mental Impairments
197(7)
A The Gap between the Cause of Mental Injuries and the Legal Right to Seek Redress
198(1)
B Judicial Limitations on Damages for Mental Injuries
199(2)
C Litigants with Mental Impairments as Responsible for Their Own Well-Being
201(3)
Conclusion
204(3)
10 Advancing Psychosocial Diversity Using Contract and Unfair Dismissal Laws
207(18)
Introduction
207(2)
I Fairness and Termination of Employment Contracts Under International Labour and Human Rights Laws
209(2)
II Statutory Unfair Dismissal Protections
211(2)
III Impairment Irrelevant: No Need to Identify or Prove the Presence of Disability
213(3)
A Proving the Presence of Disability Can Be Challenging
213(1)
B The Disclosure Conundrum and Unfair Dismissal Laws
213(3)
IV The Notion of `Fairness' Incorporates Ability Diversity
216(9)
A Procedural Fairness in the Fair Work Act 2009 (Cth)'s 387(B)-(g)
216(5)
B Whether There Was a Valid Reason for the Dismissal Related to the Person's Capacity or Conduct (Including Its Effect on the Safety and Welfare of Other Employees) - Fair Work Act 2009 (Cth)'s 387(a)
221(1)
C Any Other Matters That the FWC Considers Relevant - Fair Work Act 2009 (Cth)'s 387(h)
222(3)
Conclusion 225(2)
Index 227
Paul David Harpur is Senior Lecturer at the University of Queensland, TC Beirne School of Law. He is a Fulbright Future Scholar hosted by the Harvard Law School Project on Disabilities and the Burton Blatt Institute at Syracuse University. He is also a former duel Paralympian and duel Commonwealth Games representative.