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Indirect Discrimination in the Workplace - Rosemary Hunter

Indirect Discrimination in the Workplace

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An employer's apparently neutral policies and practices may, perhaps accidentally, certainly unreasonably, exclude women or minority applicants or employees: this is unlawful discrimination. A host of traditional employment practices have been found to fall into this category - height and weight requirements, a last-on-first-off policy, job mobility conditions, even a bus ticketing system; all have fallen foul of equal opportunity legislation. This indirect discrimination legislation is complex and in places highly technical. Its impact and potential is little understood. Rosemary Hunter comprehensively analyses the legislation, State and Federal, private sector and public. She refers extensively to the large body of practice which has grown up in the United States and the United Kingdom. She includes numerous worked examples to show the factual situations which arise and discusses what "legally defensible" employment procedures may involve.

... the clarity and insight with which Hunter has dealt with the strengths and pitfalls of the legislative framework governing indirect discrimination makes her work an outstanding piece of scholarship. .... Not only does it contribute to the demystification of the procedural and legal semantics which have prevailed to date but also to the shaping of the popular perception of what is proscribed conduct and hence unlawful in the context of indirect discrimination. - Australian Journal of Labour Law

Law and Discrimination Theories of discrimination and equality Legal recognition of indirect discrimination

The Australian Legal Framework Complaint-based legislation Affirmative action legislation Other provisions

The Scope of Indirect Discrimination Physical/ functional characteristics Formal qualifications and other externally conferred attributes Socio-cultural behaviour patterns Perpetuation of corporate cultures Internal workforce arrangements Inherited employment disadvantage

Proving Indirect Discrimination A requirement or condition in employment The impact of the requirement or condition The reasonableness of the requirement or condition The complainant's inability to comply with the requirement or condition

Enforcement Procedures and Remedies Complaint-based legislation Affirmative action legislation Public service merit protection and non-discrimination provisions Table of Cases/ Table of Statutes/ Bibliography/ Index

ISBN: 9781862870895
ISBN-10: 1862870896
Audience: General
Format: AAA
Language: English
Number Of Pages: 360
Published: September 1992
Country of Publication: AU
Dimensions (cm): 23.000 x 15.000