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Discrimination Law and Practice e5

Discrimination Law and Practice e5

By Chris Ronalds and Elizabeth Raper

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. This provides a detailed commentary about protected areas covered by the legislation including employment, education and the provision of goods and services as well as the available defences.

Discrimination Termination & Suspension of Employment Workplace Workplace Relations 

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  • Full description

    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.

    The 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.

    This 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.

  • About the author

    Chris Ronalds is a leading Sydney barrister specialising in discrimination law, employment law and administrative law. She has appeared in many leading discrimination cases and regularly addresses conferences and seminars on the topic.

    She has over 25 years’ experience as an adviser to the Federal and State governments on subjects which range from affirmative action and sex discrimination to disability discrimination and the rights of nursing home residents. She frequently conducts workplace investigations and mediations in the areas of discrimination, harassment and victimisation.

    In 2018, Chris Ronalds was made an Officer of the Order of Australia (AO) for her services to the law and the legal profession, in particular for supporting, mentoring and developing the careers of Indigenous lawyers and law students.

    Elizabeth Raper is a barrister at the New South Wales Bar and her practice includes employment and discrimination law and has been recognised in 2018 Doyle's Guide as a Preeminent Barrister. Elizabeth has also been recognised in the 2019 Chambers and Partners Asia Guide for Band 1 Employment (Employment & WHS) and was recognised in this publication in 2018, 2017, 2016, 2015 and 2014. Elizabeth Raper is an Adjunct Senior Lecturer in Law at Sydney University (Masters Programme).

    Ms Raper is the Discrimination Editor of the Thomsons Workplace Review and publishes regularly in the area. Ms Raper is an Adjunct Senior Lecturer in the Faculty of Law at the University of Sydney, teaching in the post-graduate programme.

  • Product details

    ISBN: 9781760021986

    Published: 2018

    Format: Softcover

  • Table of contents

    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

    Coverage

    Admission 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

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