Download Discrimination Law and Practice by Chris Ronalds and Elizabeth Raper PDF

By Chris Ronalds and Elizabeth Raper

This can be the 4th version of the seminal textbook at the functional program of Australian discrimination legislation. Its concise account brings readability with intensity and is acceptable for all all in favour of this department of the legislations – attorneys, company humans, human assets and commercial kin employees, advocates and students.

Discrimination legislations and perform has been thoroughly up to date and examines very important fresh circumstances in key parts of discrimination legislation and especially in all elements of employment and harassment, the supply of products and prone and education.

The phenomenon of bullying, and especially cyber-bullying in work-related environments, is an rising problem during this zone and a brand new bankruptcy has been dedicated to this issue.

Specific awareness is given to the effect on discrimination legislations at the reasonable paintings Act and extra treatments for discrimination together with hostile motion claims. extra, this version assists the reader in determining the simplest kind of motion to take and during which jurisdiction.

This version units out the strategies for accommodation discrimination proceedings, attending conciliation meetings and the courtroom approaches. It examines attainable treatments ordered by way of the courts the place discrimination is validated. It offers useful perception into suitable courtroom method and specific the hot Federal court docket Rules.

A number of reports of the former variants (see less than) in actual fact define the courses immeasurable price, concise method and instructive nature.

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Extra resources for Discrimination Law and Practice

Example text

The most contentious term has been “national origin”. The interpretation to be preferred is a broad one and is not confined to a person’s current citizenship or connection with a sovereign state but covers a person’s race or descent: Of course, in most cases a man has only a single “national origin” which coincides with his nationality at birth in the legal sense and again in most cases his nationality remains unchanged throughout his life. But “national origins” and “nationality” in the legal sense are two quite different conceptions and they may well not coincide or continue to coincide.

It was held that the policy did not involve either direct or indirect discrimination on the basis of marital status: Commonwealth v HR&EOC (1991) 32 FCR 468; Dopking No 1 (1993) 46 FCR 191; Commonwealth v HR&EOC (Dopking No 2) (1995) 63 FCR 74. The ground of “marital status” does not include discrimination on the basis of homosexuality: OV v QZ (No 2) [2008] NSWADT 115. “Pregnancy or potential pregnancy” A separate ground of discrimination is “pregnancy” and in the Sex Discrimination Act “potential pregnancy” is also covered.

Each employer covered by the Act is required to submit an annual workplace program to the Equal Opportunity for Women in the Workplace Agency by 31 May each year. The requirement to lodge a public report may be waived for a period of up to three years if the Director so determines. The Agency has published a standard report form for employers to complete and prefers lodgement by email. If an employer does not lodge a report or provide further infor­mation when requested, then the Director may name the employer in a report to Parliament.

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