2 What is Discrimination? Discrimination in the work place is said to occur when a worker’s capacity to do certain work is discounted because of some irrelevant characteristic such as gender, race, religion or age.
4 Anti-Discrimination Act 1977 (NSW) Race and sex were first areas covered, but Act has been widened further as society has become more aware of other forms of discrimination including:Marital statusDisability (physical + intellectual)HIV statusHomosexualityAgeResponsibilities as a carer of another personClaims made before Equal Opportunity Division of the Administrative Appeals Tribunal + appeals may be taken to Supreme Court only on points of law
5 Federal LegislationSpecific legislation prohibits discrimination on the grounds of:Race (national or ethnic origin) Racial Discrimination Act (Cwlth)Sex (incl. sexual harassment/pregnancy) Sex Discrimination Act (Cwlth)Disability Disability Discrimination Act 1992 (Cwlth)
6 Fair Work Australia Act 2009 Prevention of discrimination is an objective of the Fair Work Act 2009 (s. 3)Provisions under Act make it clear that in respect of discrimination matters a person has a choice of pursuing a claim under the discrimination provisions of the Fair Work Act 2009, or under anti-discrimination laws at the Commonwealth, State or Territory levelModern award must not include terms that discriminate against an employee
7 Industrial Relations Act 1996 (Cwlth) Protects workers discriminated against or victimised because they:Want to be a member of a unionDo not want to be a member of a unionEngage in public/political activity in their own timeIndustrial Relations Commission may make orders under this Act + must take the provisions of the Anti- Discrimination Act 1977 into account
8 Human Rights and Equal Opportunity Commission Act 1986 (Cwlth) Prohibits discriminatory activities on grounds of:AgeCriminal recordPsychiatric disabilitySexual orientationNationalityTrade union activityPolitical persuasion
9 Workplace Relations Act 1996 (Cwlth) Requires the Australian Industrial Relations Commission (AIRC) to have regard to various international conventionsIllegal to terminate employment on grounds of:Union membership/activityAbsence from work during maternity leaveRace, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social originFiling a complaint against an employer for an alleged violation of law
10 Kitt v. Tourism Commission (1987) Mr Kitt had temporary position as guide at Jenolan CavesWhen applying for permanent position, supplied medical certificate disclosing his epileptic conditionFailed to secure permanent job + lost temporary jobLodged complaint with Anti-Discrimination Board held that his disability could not affect his work + his employer had discriminated against him unlawfully
11 Kay v Department of Corrective Services (2010) Mr Kay stated that he was diagnosed with a psychiatric illness on 15 October 2004The Department, through its officers, had been trying to force him to resign on the ground of his disability.Alleges that the Department aided and abetted the PSA in unlawfully discriminating against himAppeals dismissedHe could proceed with an appeal to the Supreme Court if he wishes to take it further
12 Equal employment opportunities and equal pay for equal work Equal opportunity for women started by campaigns. (Women for equal pay with men)Union disagreed- increase women’s wage out of men’s pay packets1950s- careers dominated by men except low-status positions.1968- women in clothing trade were paid 55.6% of males in the same tradeEqual Pay case of 1969 was sparked by women’s groups and supporters.
13 Equal Pay case 1972 endorsed ‘Equal pay for work of equal value’ Since equal employment opportunities for women and racial minorities achieved justice trough the Anti Discrimination act 19771984- this requirement was altered to include the physically disabledEqual employment opportunities (Commonwealth Authority) requires plans to be made for women, migrants in their children, people with mental and physical disabilities and ATSI.Equal Opportunity for Women in the Workplace Act 1999 (cwth)- private sectors must develop and implement policies to enhance career opportunities for women (a.k.a. affirmative action)
14 Equal Opportunity for Women in the Workplace Act 1999 (cwlth) *Equal Opportunity for Women in the Workplace Act 1999 (cwlth) *Anti-Discrimination Act 1977 (extended again in 1984) *Equal Employment Opportunities (commonwealth authorities) Act 1987 (cwlth)Aimed to provide equal employment opportunities for women racial minorities disabled peopleEffective because it goes beyond moving discriminatory behavior in workplaces by developing programs to avoid discrimination and to ‘positively promote’ equal employment opportunity for the disadvantaged minority.
15 How to make a complaintWritten or ed to Australian Human Rights CommissionShould include:Name/address/telephone numberWho complaint is about + their contact detailsWhat happened, when it happened, who was involvedWhat law was breached + howWhether complaint has been made anywhere else (if so, what happened)Can be made in any languageNo cost to make a complaintNo time limit to make a complaint
16 How are complaints resolved? Conciliation: people involved talk through issues with the help of someone impartial and settle the matter on their own termsSuccessful – feedback shows most people find process fair, inform + easy to understand able to come up with solutions appropriate to their circumstancesOutcomes can include:ApologyReinstatementCompensationChanges to policy/developing + promoting anti-discrimination policies
17 Decisions23 September the federal government passed the Human Rights Legislation Amendment Act No (Cth).It transferred the public hearing and determination process from the commission to the Federal Court of Australia & the Federal Magistrates Court.Effect on 13 April 2000
18 Statistics48% Of complaints and lodged under Disability discrimination act21% under sex discrimination act18% under racial discrimination actenquiries made in2 077 complains lodged1 883 finished48% of complaints resolved through conciliation