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Sex Discrimination (Amendment) Order 1988 (S.I. No. 249), 17 February 1988.

This Order stipulates that certain provisions of the Sex Discrimination Act 1975 will not apply to acts involving discrimination in the employment field. Under these provisions, a certificate may be signed by or on behalf of the Secretary of State of the UK to the effect that an act was done for the purpose of safeguarding national security and is to be conclusive evidence thereof. The Order was made for the purpose of complying with European Community Council Directive 76/207, as interpreted by the European Court of Justice in Johnston vs. Chief Constable of the Royal Ulster Constabulary (see Annual Review of Population Law, Vol. 13, 1986, Section 630).

Developed Countries↗

Duke v. G.E.C. Reliance Ltd., 11 February 1988.

The appellant, a female employee of the respondent, charged the respondent with sex discrimination under the Sex Discrimination Act 1975 because she had been forced to retire at age 60, while men were not forced to retire until age 65. The respondent justified its retirement policy by pointing to provisions in the Act permitting discrimination with respect to retirement. On appeal from a lower court (Annual Review of Population Law, Vol. 14, 1987, Section 630) the House of Lords of the UK rejected the appellant's argument that European Community Council Directive 76/207 required courts to construe the 1970 Act so as to give effect to the principle of equal treatment. It held that a court had to interpret a British act in terms of the language of the act considered in the light of the circumstances prevailing at the date of enactment and could not distort the meaning of the act to enforce against an individual a directive that has no direct effect between individuals, but only on the State. On 13 May 1988, the Court of Appeal held that women forced to retire at age 60, rather than 65, the age at which men were forced to retire, could not rely on Directive 76/207. The women claimed that their employer, British Gas, was assimilated to the State and was bound to comply with the Directive. The Court ruled that, although British Gas was owned by the State, it was not identifiable with the State for "direct effect purposes." See Foster vs. British Gas, Common Market Law Reports, No. 2, 1988, p. 697.

Age Factors↗

Bromley v. H. and J. Quick, 30 March 1988.

The appellants charged the respondent employer with sex discrimination under the Equal Pay Act 1970 because they were paid less than male employees that they claimed were performing work of equal value. The respondent asserted that there was no discrimination, relying on a commissioned job evaluation study giving different values for the work. The Court of Appeal of England held that the respondent could not rely on the job evaluation study because the study was not an analytical study based on ratings of demands made on the workers as required by law. It also held that the onus was on the employer to show that there were no reasonable grounds for determining that the evaluation in the study was tainted by sex discrimination.

Developed Countries↗

Stockton-on-Tees Borough Council v. Brown, 21 April 1988.

The appellant was an employee of a youth training scheme whose employment was terminated when her employers introduced a revised scheme employing fewer staff. After she was not offered one of the new staff positions because she was pregnant and would require maternity leave, she charged her employer with discrimination on the basis of pregnancy as prohibited by Section 60 of the Employment Protection (Consolidation) Act. The House of Lords of the UK reversed a lower court ruling (see ARPL, Vol. 14, 1987, Section 630) that she was terminated because of redundancy at the time that the new scheme was introduced. It ruled that she had been unfairly dismissed because of pregnancy.

Developed Countries↗

Hayward v. Cammell Laird Shipbuilders, 5 May 1988.

The appellant canteen cook charged the respondent employer with sex discrimination under the Equal Pay Act 1970 because she was paid less than male employees performing comparable work. Although the respondent admitted that the appellant was paid less in terms of wages than the male workers, it argued that, when factors of an overall remuneration package, such as sickness benefits and meal breaks, were taken into account, the appellant was treated as favorably as the men. The House of Lords of the UK reversed a lower court judgment accepting this argument and held that, under the Act, the appellant was entitled to parity in terms of pay without consideration of whether under the contract as a whole she was treated as favorably as male employees performing work of equal value.

Developed Countries↗

Pickstone v. Freemans, 30 June 1988.

The applicants, warehouse operatives of the respondent employers, charged the employers with sex discrimination under Section 1(2)(c) of the Equal Pay Act 1970, because they were paid less than male warehouse checkers who they claimed performed work of "equal value." The respondents, relying on language in Section 1(2)(c), argued that the applicants could not bring the suit because there was a male employee working in the same job as the applicants and earning the same salary as the applicants. The House of Lords of the UK, upheld a lower court decision (see Annual Review of Population Law Vol. 14, 1987, Section 630) and rejected this argument. In reaching this decision, it relied on the legislative history of the Equal Pay Act and concluded that the language of Section 1(2)(c) did not exclude situations where there was a man employed in the same job at the same wages as the applicants.

Developed Countries↗

Benveniste v. University of Southampton, 23 November 1988.

The appellant charged her employer, the University of Southampton, with sex discrimination in violation of the Equal Pay Act 1970 because she was paid less than men employed in the same position. She had been initially employed at a time when the University was subject to severe financial constraints, and, although she had subsequently been given extra annual pay increases, she was still not paid as much as the men. First the Court of Appeal of England ruled that the financial constraints constituted a "material difference" in circumstances and thus originally justified the difference in salaries under Section 1(3) of the Act. It also held, however, that once those constraints had ended, the justification also ended and the appellant was then entitled to be paid the same wages as men in comparable positions.

Developed Countries↗

Leverton v. Clwyd County Council, 15 December 1988.

The appellant charged the Council with sex discrimination in violation of Section 1(2)(c) of the Equal Pay Act 1970 because she was paid less than men working for the Council in comparable jobs under the same collective agreement. The House of Lords of the UK held that, although the appellant was paid less than the men working in comparable jobs, the variation in pay was due to a material factor other than sex, i.e., the men worked longer hours and had fewer holidays. It noted that, on an hourly basis, her wages were comparable to those of the men and, thus, concluded that the difference came within the exception of Section 1(3) of the Act, which allows variations in pay due to material factors other than sex.

Developed Countries↗

Decree No. 2.042, 16 March 1988.

This Decree creates a Permanent Commission for the Study of Alternative Solutions to the Population Growth in the Metropolitan Area of Caracas, Venezuela. The Commission is composed of representatives of various public agencies and is to present to the President of the Republic within a year its conclusions and recommendations about a variety of topics relating to metropolitan Caracas. Among these topics is the formulation of national policies of priority investment for the development of centers of employment and housing in federal departments in order to help decongest the metropolitan area of Caracas.

Americas↗

Zatu No. AN VI-8 FP.PRES setting forth the General Regulations for Public Service, 26 October 1988.

This legislation sets forth the General Regulations for Public Service in Burkina Faso. Among other things, it provides that female personnel are entitled to a maternity leave of 14 weeks to commence between six and four weeks before the presumed date of delivery as certified by a medical practitioner. If, after maternity leave has expired, the woman is not able to return to work, she is entitled to take sick leave as provided for elsewhere in the Regulations. For the period of 15 months after the birth of the child, the woman is entitled to a rest period of up to an hour a day to nurse her child.

Africa↗

The future population and the future labour force.

"The combination of two recent publications by the Australian Bureau of Statistics (ABS) provides a useful insight into feasible future trends in the population, the labour force and dependency ratios. In addition, earlier ABS census data and its regular publications from the Labour Force Surveys clarify the historical trends in the relative number of dependants and nondependants. These various sources of data are brought together in this paper.... Official population projections...highlight the fact that the combination of annual zero net migration and 10 per cent below replacement fertility would not produce an immediate decline in Australia's population.... The conventional labour-force dependency ratio suggests that the dependency situation in Australia in 2041 will be no worse than it was in the early 1980s."

Australia↗

[More than a century of international immigration into Argentina].

"From the second half of the 19th century, Argentina was, along with the United States and Brazil, one of the main destinations that attracted European emigration to America.... The arrival of more that six million people between 1869 and 1930 resulted in radical changes in the socioeconomic structure of the country. After the crisis of the 1930s the impact of a development plan based on the export of agricultural products waned and the economic growth accompanied with political instability generated a slowing decline of migratory flows, despite a new wave between 1945 and 1952. The decrease of international migration comes along with an important change in the composition by places of origin.... The article analyses the successive migratory policies of Argentina's government as well as the migrants' spatial distribution and their incorporation in the labor market." (SUMMARY IN ENG AND SPA)

Acculturation↗