澳大利亚商法Lecture 10 (Wk 11) Ant-Discrimination Law

Both should be done contemporaneously and systematically.


Both (in different ways) attempt to ensure that all individuals are judged according to their personal skills and merit.
2007PPP – Legal Issues for Managers
Module 4 – Legal Obligations of Managers Week 11 – Anti-Discrimination Law
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Quick Questions
Which of the following questions are acceptable/ unacceptable for an employer to ask a job applicant?
Why/Why Not?





How old are you? Do you have children at home? Have you ever been convicted of a driving offence? Do you have a criminal conviction? Are there any languages you speak fluently? If so, what are they? Are you able to travel one week every month? Can you give me a small photo of yourself to accompany this application?
Commonwealth (Federal) Anti-Discrimination - Legislation

Commonwealth (Cth) Acts


Human Rights & Equal Opportunity Act 1986 Racial Discrimination Act 1975 Sex Discrimination Act 1984 Disability Discrimination Act 1992 Age Discrimination Act 2004 Equal Employment Opportunity (Commonwealth Authorities) Act 1987 Public Service Act 1999 Equal Opportunity for Women in the Workplace Act 1999 Workplace Relations Act 1996
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Equal Employment Opportunity Defined

Equal Opportunity Legislation in the workplace (such as EOWA) promotes the idea that all employees should have equal access to opportunities at work – proactive. Positive obligations on Employers – such as an Affirmative Action Program – Report.
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Human Rights Based - Regulations

Anti-discrimination and Equal Employment Opportunity are both about trying to ensure that no unlawful discrimination occurs in employment and are both based on international obligations.
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Bullying

Bullying may create a cause of action via another means under the various AntiDiscrimination Acts.

For example:


If bullying is on the basis of a protected attribute, it could amount to discrimination, sexual harassment, victimisation, or vilification. Must prove connection between the attribute and the treatment; or It could be linked to Victimisation.
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Anti-Discrimination Defined

Anti-discrimination legislation focuses upon

what conduct constitutes “unlawful discrimination” = prohi源自ited conduct.
Anti Discrimination legislation applies to conduct which has already occurred or which is likely to occur (proposed) and


Genuine application of the merit principle in employment.
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Anti-Discrimination Legislation:


Covering such aspects of employment as recruitment, selection, conditions of employment, promotion, termination, transfer, training, dealings with employment agencies, trade union membership, job advertisements, equal opportunity and sexual harassment. Discrimination may be: Direct; or Indirect.
(a) temporary absence from work because of illness or injury within the meaning of the regulations; (b) trade union membership or participation in trade union activities outside working hours or, with the employer’s consent, during working hours; (c) non-membership of a trade union; (d)seeking office as, or acting or having acted in the capacity of, a representative of employees; (e) the filing of a complaint, or the participation in proceedings, against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities; (f) race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; (g) refusing to negotiate in connection with, make, sign, extend, vary or terminate an ITEA; (h) absence from work during maternity leave or other parental leave; (i) temporary absence from work because of the carrying out of a voluntary emergency management activity, where the absence is reasonable having regard to all the circumstances. 11
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Workplace Relations Act 1996 (Cth) s.659 UNLAWFUL TERMINATION - (Discriminatory Reasons)

An employer must not terminate an employee’s employment for any one or more of the following reasons, or for reasons including any one or more of the following reasons: on the basis of:- s659
Anti-Discrimination Legislation also covers other areas such as the supply of goods and services.