The fifth edition of Discrimination Law and Practice has been completely updated and provides a comprehensive analysis which simplifies the complex definitions of unlawful discrimination including direct and indirect discrimination, reasonable adjustments and harassment. The book then provides the reader with detailed commentary about the protected areas covered by the legislation including employment, education and the provision of goods and services as well as the available defences.
\n\nThe book also addresses one of the most challenging aspects of practising in this area - what relief is reasonable to claim. In this context the authors distil recent cases concerning the level and foundation for damages and other relief to ensure that the reader has a clear understanding of the likely stakes and potential outcomes in bringing or defending discrimination claims.
\n\nThis concise account of discrimination law in Australia, now in its fifth edition by popular demand, brings clarity with depth and is suitable for all involved in this branch of the law including lawyers, business people, human resources practitioners and industrial relations staff, advocates and students.
By:
Chris Ronalds,
Elizabeth Raper
Imprint: Federation Press
Country of Publication: Australia
Edition: 5th Revised edition
ISBN: 9781760021986
ISBN 10: 1760021989
Pages: 304
Publication Date: 26 February 2019
Audience:
College/higher education
,
Professional and scholarly
,
A / AS level
,
Further / Higher Education
Format: Paperback
Publisher's Status: Active
Preface Table of Cases Table of Statutes 1. BACKGROUND AND CURRENT POSITION Overview Historical background to legislation Statutory approach to discrimination Discrimination laws around Australia Equal opportunity and affirmative action Charter of rights 2. GROUNDS OR ATTRIBUTES OF DISCRIMINATION What is a ground or attribute ? Specified grounds Other grounds 3. DEFINITIONS OF DISCRIMINATION Separate definitions Direct discrimination Indirect discrimination Reasonable adjustment Equality before the law 4. EMPLOYMENT DISCRIMINATION Applicants for employment Unlawful discrimination against an employee Dismissal from employment Employment-related matters Exceptions Breach of employment contract Pay equity issues 5. EDUCATION DISCRIMINATION CoverageAdmission as a student Students Expulsion Curriculum or training courses Special measures Disability issues Private schools 6. HARASSMENT Defining harassment Sexual harassment in employment Disability harassment Racial harassment Liability 7. VILIFICATION AND RACIAL HATRED Federal racial hatred legislation State legislation 8. OTHER AREAS OF DISCRIMINATION Goods, services and facilities Accommodation Access to premises Clubs Sport Administration of Commonwealth laws and programs Requests for information Insurance Superannuation 9. VICTIMISATION AND OTHER UNLAWFUL ACTS AND OFFENCES Victimisation Other unlawful acts and offences Advertisements Incitement Other offences 10. LIABILITY, VICARIOUS LIABILITY AND DEFENCES Vicarious liability Aiding or permitting Acts done on behalf of others Defences 11. GENERAL EXEMPTIONS Positive measures Main exceptions Minor exemptions Procedural exemptions 12. COMPLAINT-HANDLING PROCESSES Approaches to conciliation of complaints The complainant The respondent(s) Time factors Confidentiality Termination of complaint Powers during conciliation Outcome of conciliation Agency as a complainant 13. CONDUCTING A HEARING Federal approach State approaches Procedure in the Federal Court and the Federal Circuit Court 14. REMEDIES Orders in favour of respondent Orders in favour of applicant Costs Enforcement 15. INDUSTRIAL LAWS Requirement of Fair Work Australia to take into account discrimination law principles Unfair dismissal Unlawful termination General protections (adverse action) claims Making a choice - dismissal, adverse action or discrimination claim? Awards and enterprise agreements must not contain discriminatory terms Equal remuneration applications 16. BULLYING Bullying defined Workplace bullying Cyber-bullying Causes of action for workplace bullying and cyber-bullying Who may be liable for workplace bullying or cyber-bullying? Appendices Appendix A: Grounds of Unlawful Discrimination Appendix B: Areas of Unlawful Discrimination Appendix C: Exceptions to Coverage Appendix D: Conciliation and Inquiry Powers Appendix E: Contact Points Index
