Workplace discrimination Stewart, Leonie, Amanda, SoMi

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.

Unrealistic formal requirements Discrimination Direct Indirect Race Gender Age Religion Disability Unrealistic formal requirements Socio-cultural bias Corporate structure

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 status Disability (physical + intellectual) HIV status Homosexuality Age Responsibilities as a carer of another person Claims made before Equal Opportunity Division of the Administrative Appeals Tribunal + appeals may be taken to Supreme Court only on points of law

Federal Legislation Specific legislation prohibits discrimination on the grounds of: Race (national or ethnic origin)  Racial Discrimination Act 1975 (Cwlth) Sex (incl. sexual harassment/pregnancy)  Sex Discrimination Act 1984 (Cwlth) Disability  Disability Discrimination Act 1992 (Cwlth)

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 level Modern award must not include terms that discriminate against an employee

Industrial Relations Act 1996 (Cwlth) Protects workers discriminated against or victimised because they: Want to be a member of a union Do not want to be a member of a union Engage in public/political activity in their own time Industrial Relations Commission may make orders under this Act + must take the provisions of the Anti- Discrimination Act 1977 into account

Human Rights and Equal Opportunity Commission Act 1986 (Cwlth) Prohibits discriminatory activities on grounds of: Age Criminal record Psychiatric disability Sexual orientation Nationality Trade union activity Political persuasion

Workplace Relations Act 1996 (Cwlth) Requires the Australian Industrial Relations Commission (AIRC) to have regard to various international conventions Illegal to terminate employment on grounds of: Union membership/activity Absence from work during maternity leave Race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin Filing a complaint against an employer for an alleged violation of law

Kitt v. Tourism Commission (1987) Mr Kitt had temporary position as guide at Jenolan Caves When applying for permanent position, supplied medical certificate disclosing his epileptic condition Failed to secure permanent job + lost temporary job Lodged complaint with Anti-Discrimination Board  held that his disability could not affect his work + his employer had discriminated against him unlawfully

Kay v Department of Corrective Services (2010) Mr Kay stated that he was diagnosed with a psychiatric illness on 15 October 2004 The 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 him Appeals dismissed He could proceed with an appeal to the Supreme Court if he wishes to take it further

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 packets 1950s- careers dominated by men except low-status positions. 1968- women in clothing trade were paid 55.6% of males in the same trade Equal Pay case of 1969 was sparked by women’s groups and supporters.

Equal Pay case 1972 endorsed ‘Equal pay for work of equal value’ Since 1980- equal employment opportunities for women and racial minorities achieved justice trough the Anti Discrimination act 1977 1984- this requirement was altered to include the physically disabled Equal employment opportunities (Commonwealth Authority) 1987 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)

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 people Effective 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.

How to make a complaint Written or emailed to Australian Human Rights Commission Should include: Name/address/telephone number Who complaint is about + their contact details What happened, when it happened, who was involved What law was breached + how Whether complaint has been made anywhere else (if so, what happened) Can be made in any language No cost to make a complaint No time limit to make a complaint

How are complaints resolved? Conciliation: people involved talk through issues with the help of someone impartial and settle the matter on their own terms Successful – feedback shows most people find process fair, inform + easy to understand  able to come up with solutions appropriate to their circumstances Outcomes can include: Apology Reinstatement Compensation Changes to policy/developing + promoting anti-discrimination policies

Decisions 23 September 1999- the federal government passed the Human Rights Legislation Amendment Act No.1 1999(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

Statistics 48% Of complaints and lodged under Disability discrimination act 21% under sex discrimination act 18% under racial discrimination act 18 765 enquiries made in 2007-08 2 077 complains lodged 1 883 finished 48% of complaints resolved through conciliation