MétaCan
Menu
Back to cohort
Record W2191567651

Tackling Disability Discrimination at Work: Towards a Systemic Approach

2010· article· en· W2191567651 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.

Bibliographic record

VenueSSRN Electronic Journal · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicDiscrimination and Equality Law
Canadian institutionsDalhousie University
Fundersnot available
KeywordsPrima facieReasonable accommodationDutyFlexibility (engineering)Function (biology)Law and economicsAccommodationWork (physics)AbsenteeismPsychologyPolitical scienceSociologyLawSocial psychologyEconomicsEngineering
DOInot available

Abstract

fetched live from OpenAlex

Approaching disability discrimination in systemic terms is the most fundamental challenge that disability human rights law currently faces. Achieving fundamental change in relation to disability at work necessitates challenging able-bodied norms. To that end, a social construction of disability entails adapting the environment to meet the needs of those with a variety of disabilities. Tackling disability discrimination requires contesting what is deemed “normal” because it is the way most able-bodied persons function, necessitating a thorough understanding of adverse effects discrimination, which looks behind purportedly neutral practices to uncover detrimental effects on those who do not function “normally”.The fact that some disabilities preclude some kinds of work should not be extended to create employment barriers beyond what is warranted, requiring stringent assessments of bona fide occupational requirements (“BFOR”). The duty to accommodate is now part of the BFOR defence. Accommodation is about making adjustments (exceptions) to rules. If the rule is wholly invalid, one does not reach the stage of adjustment, one simply invalidates the rule. The duty to accommodate in the BFOR test should be seen as subsidiary to the overarching concept of “reasonably necessary”. In moving to the duty to accommodate, it is still important to think in both systemic as well as individualized terms. A systemic approach to accommodation anticipates the need for individualized accommodation, and builds in the necessary flexibility from the outset. Examples of innocent absenteeism are used to elaborate on the notion of systemic accommodation. In different settings, other recent examples blurring the distinction between the prima facie case of discrimination and the BFOR are problematic because such blurring weakens the scrutiny of respondents’ justificatory arguments.Full integration of disabled workers largely depends on the extent to which systemic approaches to disability discrimination can be incorporated into anti-discrimination law.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.007
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.120
Threshold uncertainty score0.884

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0070.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.002
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.025
GPT teacher head0.317
Teacher spread0.291 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it