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Mothers, equality and labour market opportunities
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Chan, Winnie Mei (2013) Mothers, equality and labour market opportunities. Industrial Law Journal, 42 (3). pp. 224-248. doi:10.1093/indlaw/dwt011 ISSN 0305-9332.
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Official URL: http://dx.doi.org/10.1093/indlaw/dwt011
Abstract
Using the Equality Act 2010 as a point of departure, this article addresses the theoretical character of legal measures aimed at achieving gender equality for mothers in the labour market. Equality measures are bedevilled by disagreement about the nature of equality and by the need to accommodate gender-related differences that impact in multifaceted ways upon employees and potential employees. A particular difficulty is that those differences are themselves highly contextual and involve intersecting social and other pressures. Consequently, overly simplistic equality legislation may even worsen the problem rather than resolve it. The article argues for two key themes in legislative responses. First, the complexity of difference suggests that our responses should favour equality of opportunity rather than equality of outcome—indeed, such a response can even take account of challenges posed by Hakim’s controversial preference theory, notwithstanding the problems associated with that theory. Secondly, the intersectionality of the pressures affecting equality demands a varied regime of intersectional regulatory responses, which are not restricted to the workplace.
Item Type: | Journal Article | ||||
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Subjects: | H Social Sciences > HD Industries. Land use. Labor | ||||
Divisions: | Faculty of Social Sciences > School of Law | ||||
Library of Congress Subject Headings (LCSH): | Mothers -- Employment -- Law and legislation, Equality | ||||
Journal or Publication Title: | Industrial Law Journal | ||||
Publisher: | Oxford University Press | ||||
ISSN: | 0305-9332 | ||||
Official Date: | September 2013 | ||||
Dates: |
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Volume: | 42 | ||||
Number: | 3 | ||||
Number of Pages: | 25 | ||||
Page Range: | pp. 224-248 | ||||
DOI: | 10.1093/indlaw/dwt011 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) |
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