Discrimination in the workplace:

Philip and India

Racism • Statute Law- Racial Discrimination Act 1975 (Cth)• Case Law- ZG v Director General, NSW Department of

Education and Training (2006)- mistreatment in school – reconfirmed duty of a school to it’s students.

• Media reports: Racial discrimination complaints on the rise, ABC News, 16/02/11

Sexism • Statue Law: Sex Discrimination Act 1984 (Cth)• Anti-Discrimination Act 1977 (NSW)• Case Law: Mayer v Australian Nuclear Science and Technology

Organisation [2003] – discrimination with maternity leave and dismissed.

• Evans v National Crime Authority [2003] – employer not renewing contract as Evans took leave to care for her son.

• Stats: 22% of survey have been victims of sexual harassment • 1 in 3 woman have experienced sexual harassment • Media Reports: High sex discrimination rates continue in NT,

ABC News, 21/10/09

Physical Disability• Statute Law: Disability Discrimination Act 1992 (Cth)• Case Law: Waters v Public Transport Corporation [1991] –

intention of motive to discriminate. Disabled people could not ‘scratch’ their ticket when entering, after removal of conductors to help. Appeal allowed.

• Stats: 1 in 5 australians has a disability in 2009• Of those with a disability, 87% has a specific limitation or

restriction that may be associated with schooling or employment

Age Discrimination • Statute Law: Age Discrimination Act 2004 (Cth) • Case Law: Qantas Airways Ltd v Christie (1998) This case

highlighted the way in which Australian jurisprudence in this area had lagged in development behind that of the United States

• Statistics: Australia has the lowest workforce participation rate for the over-55s of all English-speaking

• Over 13, 000 reported cases related to age discrimination in 2010.

Equal Employment Opportunity

• Statute Law: Human Rights and Equal Opportunity Act 1986 (Cth)

• Equal Opportunity for Women in the Workplace Act 1999 (Cth) • Statistics: 40% of woman in NSW work full time. • Media Reports: UOW’s annual Diversity Week- promotes

diversity and equality in workforce, through large media coverage.

Equal Pay• Statute: Equal Pay for Equal Work Case (1969) • Equal Pay for Work of Equal Value Case (1972) • Case: Barber v NCR (Manufacturing) Ltd, [1993] IRLR 95,

Employment Appeals Tribunal-• Statistics: Over 1, 300 reported cases related to unequal pay. • Media Reports: Equal pay case could cost NSW $1b- Sean

Nicholls Sydney Morning Herald.