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Journal articles on the topic 'Sex discrimination in employment, Australia'

Author: Grafiati

Published: 4 June 2021

Last updated: 20 February 2023

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1

Prenzler, Tim. "Equal Employment Opportunity and Policewomen in Australia*." Australian & New Zealand Journal of Criminology 28, no. 3 (December 1995): 258–77. http://dx.doi.org/10.1177/000486589502800302.

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Limited statistics make for difficulties in producing a clear picture of the impact of equal employment opportunity policies in Australian police services. Available figures indicate that pre-entry physical ability tests are a significant source of attrition of aspiring policewomen. Women also appear to be disproportionately more likely to separate as a result of maternal obligations, and report higher incidents of sexual harassment and sex discrimination in promotion and deployment. Considering the historical marginalisation of women in policing, Australian police services have made large steps forward in reducing discrimination in a relatively short period of time. Improvements can nonetheless be made in making policing a more viable career option for women, and recruiting appears to be the main area where proactive measures are needed.

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2

Castles, Madeleine, Tom Hvala, and Kieran Pender. "Rethinking Richardson: Sexual Harassment Damages in the #MeToo Era." Federal Law Review 49, no. 2 (March 9, 2021): 231–71. http://dx.doi.org/10.1177/0067205x21993146.

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The 2014 judgment in Richardson v Oracle Corporation Australia Pty Ltd (‘ Richardson’) had a seismic effect on workplace sexual harassment claims in Australia. Overnight, the ‘general range’ of damages awarded for non-economic loss in such cases increased from between $12 000 and $20 000 to $100 000 and above. The judgment has made Sex Discrimination Act 1984 (Cth) litigation considerably more attractive for plaintiffs and resulted in greater judicial recognition of the pain and suffering experienced by sexual harassment survivors. Richardson’s impact has also been felt beyond that immediate context, with the judgment cited in support of higher damages in discrimination cases and employment disputes. However, six years and over 40 judicial citations later, Richardson’s broader significance remains unclear—particularly following the emergence of the #MeToo movement. Drawing on a doctrinal analysis of subsequent case law and qualitative interviews with prominent Australian legal practitioners, this article evaluates Richardson’s legacy and considers how sexual harassment litigation may further evolve to reflect changing societal norms.

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Mangan, John, and John Johnston. "Minimum wages, training wages and youth employment." International Journal of Social Economics 26, no. 1/2/3 (January 1, 1999): 415–29. http://dx.doi.org/10.1108/03068299910229820.

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High rates of youth unemployment, worldwide, have led governments to advocate a range of policies designed to increase job offers to young workers. For example, the Australian Government is currently introducing a system of “training wages” which will see effective youth wages set well below adult award wages for a designated training period. This policy is designed to simultaneously increase the human capital of young workers as well as help to overcome the initial barriers to entry into the labour market. However, youth‐specific wages have been criticized on the basis of age discrimination and on equity grounds. Also, some US data question the employment‐boosting potential of reduced minimum youth wages. In this paper recent international findings on the relationship between youth wages and employment are presented and compared with empirical tests of the relationship using labour market data for Australia as a whole as well as the State of Queensland. The results are used to examine the likely impact of the introduction of the training wage on the youth labour market in Australia and to provide further generalizations on the wider issue of employment and youth‐specific wages.

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4

Chapman, Bruce J., and Charles Mulvey. "An Analysis of the Origins of Sex Differences in Australian Wages." Journal of Industrial Relations 28, no. 4 (December 1986): 504–20. http://dx.doi.org/10.1177/002218568602800402.

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Different levels of measured skills, geographic location and demographicfactors (such as marital status and country of birth) explain almost none of the hourly wage differences of Australian women and men in full-time employment. The major contribution to wage differences is apparently in the different returns paid by employers to men and women for observable characteristics. Usually this is considered as evidence for the existence of direct wage discrimination by employers but—at least for the data of this study—some questions remain as to the extent of this influence. Measurement issues related to both schooling and general labour market experience tend to exaggerate the role of direct employer discrimination, but even extreme assumptions as to the extent of mismeasurement of these variables do not eliminate such discrimination (although it is reduced from 13 to 3.5 per cent). Some part of the overall difference is likely to be a consequertce of (unmeasured) occupation factors and, of much greater contplexity, the possible influence of role-stereotyping and its interaction with family arrangements.

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5

Gale, Peter. "Rights, responsibilities, and resistance: Legal discourse and intervention legislation in the Northern Territory in Australia." Semiotica 2016, no. 209 (March 1, 2016): 167–85. http://dx.doi.org/10.1515/sem-2016-0010.

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AbstractIn the shadow of the United Nations Declaration on the Rights of Indigenous Peoples, adopted and endorsed by 143 nations on 17th September 2007, the then Howard Government suspended the Racial Discrimination Act in Australia to implement the Northern Territory Emergency Response Bill, commonly referred to as the Northern Territory intervention. This legislation included the compulsory acquisition of townships; the suspension of the permit system to access Aboriginal communities; the removal of customary law or cultural practices in any legal considerations in sentencing; the abolition of the Community Development Employment Projects; and the quarantining of a proportion of welfare benefits for all recipients in designated communities. While Australia was one of only four nations who did not endorse the Declaration in 2007, the UN Declaration was subsequently adopted and endorsed in April 2009 by the then Rudd Labor Government. The ratification of the UN Declaration may appear to reflect a change of policy, yet amidst significant Indigenous opposition and criticism of the United Nations, the Gillard Labor Government continued the central tenants of the NT Intervention for a further ten years in the form of the Stronger Futures legislation in 2012. This essay explores some of the tensions and contradictions inherent within legal and political discourse in the recognition of rights between the rights of the child on the one hand, and Indigenous rights and citizenship rights within the Northern Territory Intervention legislation and policy of Stronger Futures in the Northern Territory.

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Stewart, Suzanne, and Angela Mashford-Pringle. "Moving and Enhancing System Change." International Journal of Indigenous Health 14, no. 1 (May 27, 2019): 3–7. http://dx.doi.org/10.32799/ijih.v14i1.32726.

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All Indigenous peoples across the globe have experienced multiple historical colonial aggression and assaults. In Canada and the USA for example, education was used as a tool of oppression for Indigenous peoples through residential school. Child welfare, health and health care, and forced land relocation are also sites of intensive and invasive harms. Health services continue to be a site of systemic and personal oppression for Indigenous peoples across Canada and the world (Reading 2013). For many years, Indigenous peoples have faced discrimination and racism when accessing biomedical health care. Implementation of colonization in Canada, Australia, New Zealand, and elsewhere, have been well documented to adversely influence aspects of health in many Indigenous communities worldwide and linked to high rates of mental health, education, and employment challenges (see Loppie & Wein, 2009; Mowbray, 2007; Paradies, Harris, & Anderson, 2008); these traumas are rooted attempts in cultural extermination and deep-set pains in regard to identity and well-being (Stout & Downey, 2006; Thurston & Mashford-Pringle, 2015).

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7

Siefried, Krista J., Stephen Kerr, Robyn Richardson, Limin Mao, John Rule, John McAllister, John de Wit, and Andrew Carr. "Socioeconomic and psychosocial factors are associated with poor treatment outcomes in Australian adults living with HIV: a case-control study." Sexual Health 16, no. 6 (2019): 548. http://dx.doi.org/10.1071/sh18138.

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Background A substantial minority of patients living with HIV refuse or cease antiretroviral therapy (ART), have virological failure (VF) or develop an AIDS-defining condition (ADC) or serious non-AIDS event (SNAE). It is not understood which socioeconomic and psychosocial factors may be associated with these poor outcomes. Methods: Thirty-nine patients with poor HIV treatment outcomes, defined as those who refused or ceased ART, had VF or were hospitalised with an ADC or SNAE (cases), were compared with 120 controls on suppressive ART. A self-report survey recorded demographics, physical health, life stressors, social supports, HIV disclosure, stigma or discrimination, health care access, treatment adherence, side effects, health and treatment perceptions and financial and employment status. Socioeconomic and psychosocial covariates significant in bivariate analyses were assessed with conditional multivariable logistic regression, adjusted for year of HIV diagnosis. Results: Cases and controls did not differ significantly with regard to sex (96.2% (n = 153) male) or age (mean (± s.d.) 51 ± 11 years). Twenty cases (51%) had refused or ceased ART, 35 (90%) had an HIV viral load >50 copies mL–1, 12 (31%) were hospitalised with an ADC and five (13%) were hospitalised with a new SNAE. Three covariates were independently associated with poor outcomes: foregoing necessities for financial reasons (adjusted odds ratio (aOR) 3.1, 95% confidence interval (95% CI) 1.3–7.6, P = 0.014), cost barriers to accessing HIV care (aOR 3.1, 95% CI 1.0–9.6, P = 0.049) and lower quality of life (aOR 3.8, 95% CI 1.5–9.7, P = 0.004). Conclusions: Despite universal health care, socioeconomic and psychosocial factors are associated with poor HIV outcomes in adults in Australia. These factors should be addressed through targeted interventions to improve long-term successful treatment.

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8

Encel, S. "Age discrimination in employment in Australia." Ageing International 25, no. 2 (September 1999): 69–84. http://dx.doi.org/10.1007/s12126-999-1017-1.

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9

Sur, Gina, and Brian H. Kleiner. "Sex Discrimination in Employment: Everyone's Problem." Equal Opportunities International 14, no. 6/7 (June 1995): 54–60. http://dx.doi.org/10.1108/eb010650.

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10

Sansone, Dario. "Pink work: Same-sex marriage, employment and discrimination." Journal of Public Economics 180 (December 2019): 104086. http://dx.doi.org/10.1016/j.jpubeco.2019.104086.

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11

SKIDMORE, P. "COMMENTARY: Sex, Gender and Comparators in Employment Discrimination." Industrial Law Journal 26, no. 1 (March 1, 1997): 51–61. http://dx.doi.org/10.1093/ilj/26.1.51.

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12

Skaggs, Sheryl, and Jennifer Bridges. "Race and Sex Discrimination in the Employment Process." Sociology Compass 7, no. 5 (April 17, 2013): 404–15. http://dx.doi.org/10.1111/soc4.12037.

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13

Flynn, Leo. "Book Review: Justifications for Sex Discrimination in Employment." International Journal of Discrimination and the Law 1, no. 3 (March 1996): 299–301. http://dx.doi.org/10.1177/135822919600100309.

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14

Herbert, Ari. "Portlandia, Ridesharing, and Sex Discrimination." Michigan Law Review Online, no. 115 (2016): 18. http://dx.doi.org/10.36644/mlr.online.115.portlandia.

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This Essay discusses and assesses the legal hurdles that See Jane Go and SafeHer may face. Part I of this Essay explains how the plain text of Title VII and the pertinent Equal Employment Opportunity Commission (EEOC) guideline can fairly be read either to allow or condemn See Jane Go and SafeHer’s hiring practices. Part II then highlights precedent that supports See Jane Go’s and SafeHer’s discriminatory driver–passenger practices. Part III concludes by arguing that the legal system ought to make room for apps like See Jane Go and SafeHer in the current framework.

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Herbert, Ari. "Portlandia, Ridesharing, and Sex Discrimination." Michigan Law Review Online, no. 115 (2016): 18. http://dx.doi.org/10.36644/mlr.online.115.portlandia.

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This Essay discusses and assesses the legal hurdles that See Jane Go and SafeHer may face. Part I of this Essay explains how the plain text of Title VII and the pertinent Equal Employment Opportunity Commission (EEOC) guideline can fairly be read either to allow or condemn See Jane Go and SafeHer’s hiring practices. Part II then highlights precedent that supports See Jane Go’s and SafeHer’s discriminatory driver–passenger practices. Part III concludes by arguing that the legal system ought to make room for apps like See Jane Go and SafeHer in the current framework.

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McGinley, Ann. "Erasing Boundaries: Masculinities, Sexual Minorities, and Employment Discrimination." University of Michigan Journal of Law Reform, no. 43.3 (2010): 713. http://dx.doi.org/10.36646/mjlr.43.3.erasing.

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This Article analyzes the application of employment discrimination law to sexual minorities-lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws' treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities. While the Article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts' binary view of sex and gender, a view that identifies men and women as polar opposites, and that sees gender as naturally flowing from biological sex. Without courts' understanding that our current binary concept of gender may be socially constructed and artificially rigid rather than a natural result of biology, even new legislation may fail to protect the workers it seeks to protect. The Article demonstrates that research on masculinities can help courts better understand sexual minorities and the motivations of those who discriminate against them in the workplace. It concludes that even in the absence of new legislation, a proper interpretation of Title VII's sex discrimination provision would protect sexual minorities from discrimination and would provide reasonable accommodation to allow sexual minorities to live and work with dignity and security. With an understanding of sexual minorities and the reasons why discrimination occurs, Title VII's prohibition of discrimination "because of sex" should be sufficient to grant sexual minorities workplace rights.

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Roscigno, Vincent J., Lisette M. Garcia, and Donna Bobbitt-Zeher. "Social Closure and Processes of Race/Sex Employment Discrimination." ANNALS of the American Academy of Political and Social Science 609, no. 1 (January 2007): 16–48. http://dx.doi.org/10.1177/0002716206294898.

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18

Cranmer, Frank, and Scot Peterson. "Employment, Sex Discrimination and The Churches: The Percy Case." Ecclesiastical Law Journal 8, no. 39 (July 2006): 392–405. http://dx.doi.org/10.1017/s0956618x00006694.

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In this paper, the authors present different views of the legal implications of Percy v Church of Scotland Board of National Mission, in which the House of Lords reversed the Court of Session and held that a former minister could sue the Church under the Sex Discrimination Act 1975 and, contrary to previous views, probably had an enforceable contract for services. Cranmer describes the basis for the decision and suggests that it represents a realistic view of the employment status of clergy. Peterson is less optimistic about the decisions legal and practical effects and argues that it undermines the constitutional status of the Church of Scotland as well as overall prospects for religious freedom in Scotland.

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19

Carty, Hazel. "The Sex Discrimination Act 1986: Equality or Employment Deregulation?" Journal of Social Welfare Law 9, no. 3 (May 1987): 175–79. http://dx.doi.org/10.1080/09649068708412171.

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20

Roehling, Mark V., Patricia V. Roehling, and Maria Fernanda Wagstaff. "Sex Differences in Perceived Weight-Based Employment Discrimination When Weight Discrimination is Illegal." Employee Responsibilities and Rights Journal 25, no. 3 (April 17, 2013): 159–76. http://dx.doi.org/10.1007/s10672-013-9217-y.

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21

Kidd, Michael P., and Ivan Ferko. "The Employment Effects of Gender Discrimination in Australia 1994-95." Economic Record 77, no. 236 (March 2001): 71–88. http://dx.doi.org/10.1111/1475-4932.00005.

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22

Schmidt, Marlene, and Olga Rymkevich. "Editorial." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (December 1, 2005): 535–36. http://dx.doi.org/10.54648/ijcl2005025.

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Anti-discrimination legislation and case law dealing with employment discrimination are among the most topical labour law issues in Europe. As a result, The International Journal for Comparative Labour Law and Industrial Relations has received so many manuscripts on questions related to employment discrimination that we have decided to dedicate a complete issue to this matter. One reason why employment discrimination is such a hot topic is the fact that in recent years extensive EC legislation proscribing employment discrimination has been passed: Directive 2000/43/EC prohibiting discrimination on grounds of race and ethnic origin, Directive 2000/78/EC banning discrimination on grounds of religion or belief, disability, age or sexual orientation, and finally Directive 2002/73/EC amending Directive 76/207/EEC barring sex discrimination in employment and occupation. And a correction in the paper by Kees J. Vos (Vol 21.3)

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Honorée, André L., and Rusty Juban. "Is there transgender bias in the courtroom?" Employee Relations: The International Journal 42, no. 6 (July 4, 2020): 1531–45. http://dx.doi.org/10.1108/er-11-2019-0444.

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PurposeThis study examines whether various judicial demographic and political characteristics have an influence on case outcomes in transgender employment discrimination cases. Specifically, it assesses whether the race, sex or political party of federal judges result in significantly different employment case outcomes for transgender employees in the US district courts.Design/methodology/approachUtilizing a legal database of all federal employment discrimination cases over the past five decades, the study ultimately identified 97 cases with transgender plaintiffs. Chi-square and frequency analyses were employed to test the hypotheses regarding the effect of race, sex and political party of federal judges on transgender employment case outcomes.FindingsThe results intimate that both the political party and sex of the judge have an effect on case outcomes. Specifically, the transgender plaintiffs in employment discrimination cases have a greater chance for success when such cases are presided before Democratic and female judges.Practical implicationsThe study's findings of significant differences in case outcomes suggest that characteristics of judges should be taken into account by potential plaintiffs and defendants, as they consider if/how to proceed with their cases.Social implicationsSuch research focuses more attention on the fair and equal treatment principle of the American judicial system due to the significant differences found in case outcomes as a result of judges' characteristics.Originality/valueNo research till date has examined the outcomes of transgender employment discrimination cases in the US despite national surveys indicating the pervasiveness and severity of such discrimination.

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Meenan, Helen. "Age Discrimination: Law-Making Possibilities Explored." International Journal of Discrimination and the Law 4, no. 3 (September 2000): 247–92. http://dx.doi.org/10.1177/135822910000400303.

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Is there a sound model for the United Kingdom (UK) to adopt should it decide to legislate against age discrimination in employment? In this article the writer attempts to answer this question first, by outlining existing UK sex and race discrimination laws and then progressing to an examination of long-standing American legislation and caselaw in this area. Finally, it explores the Irish Employment Equality Act, 1998, a composite and comprehensive act which prohibits discrimination in employment based on ‘age’ and eight other grounds. The strengths and weaknesses of each of these laws are examined in turn and measured against each other. The final analysis would suggest that each of these models can usefully inform any future law-making process to a greater or lesser degree and that good practice and legislation can co-exist in harmony. Moreover, the present lack of legislation in the UK against age discrimination in any area but especially employment, is remarkable when compared with British laws on sex and race discrimination and is ultimately unwise in the face of the real need for remedies and, the present and growing expansion in numbers of that portion of the population and the working population which British and European society call ‘old.’

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Terpstra, David E., and André L. Honorée. "Differences in the nature of employment discrimination litigation between private sector organizations and public sector organizations." International Journal of Discrimination and the Law 16, no. 4 (July 24, 2016): 200–213. http://dx.doi.org/10.1177/1358229116645677.

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This study reports on the results of a content analysis of federal court cases examining employment discrimination litigation in private, federal, and state/local sector organizations. One objective was to determine whether there are differences in the types of employment discrimination claims (e.g. race, sex, age, and disability) across the different sectors. A second objective was to determine whether there are differences in the outcomes (whether the case outcome or ruling was for the plaintiff or the defendant) of the different types of employment discrimination cases across the different sectors. The results of this study indicate that there are substantial differences in both the types of discrimination charges and the outcomes of those discrimination charges across the different sectors. The implications of the most significant findings are discussed, and recommendations are offered to organizations interested in reducing the occurrence of employment discrimination and the costs associated with employment discrimination litigation.

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26

Ross, June. "Sex Discrimination: Employment Law and Practices by Arjun P. Aggarwal." Alberta Law Review 33, no. 3 (June 1, 1995): 706. http://dx.doi.org/10.29173/alr1136.

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Davison, Heather K., and Michael J. Burke. "Sex Discrimination in Simulated Employment Contexts: A Meta-analytic Investigation." Journal of Vocational Behavior 56, no. 2 (April 2000): 225–48. http://dx.doi.org/10.1006/jvbe.1999.1711.

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Sargeant, Malcolm. "For Diversity, Against Discrimination: the Contradictory Approach to Age Discrimination in Employment." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (December 1, 2005): 629–44. http://dx.doi.org/10.54648/ijcl2005029.

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Abstract: This article argues that there is a contradiction contained within the Framework Directive on Equal Treatment in Employment and Occupation and the UK Government?s proposals for implementing it. There is a distinction between the business justification for encouraging diversity in the workforce and the human rights justification for ending age discrimination. The first approach weakens the latter by legitimising continued discrimination on the basis of age. This is especially important because there is a close relationship between age discrimination and discrimination on the grounds of sex, race and disability.

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Udah, Hyacinth, Parlo Singh, Kiroy Hiruy, and Lillian Mwanri. "African Immigrants to Australia: Barriers and Challenges to Labor Market Success." Journal of Asian and African Studies 54, no. 8 (July 21, 2019): 1159–74. http://dx.doi.org/10.1177/0021909619861788.

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The purpose of this paper is to examine the employment experiences of immigrants of African background in the Australian labor market. Drawing on the findings from a qualitative study conducted in South East Queensland, the paper identifies several barriers and challenges faced by Africans to meaningful employment and labor market success. The paper indicates the need to develop targeted policies to eliminate employment discrimination, reduce barriers to meaningful employment for good settlement and successful integration of African immigrants to Australia.

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Forster, Christine, and Vedna Jivan. "Sex as a Protected Ground in International and Domestic Law." Brill Research Perspectives in Comparative Discrimination Law 4, no. 3-4 (June 15, 2021): 1–124. http://dx.doi.org/10.1163/24522031-12340010.

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Abstract This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses sex as a protected ground in international and domestic law. It compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution and development of sex discrimination protection in international human rights law in three treaty-bodies – the CEDAW Committee, the HRC and the CESCR. Secondly, it then takes up the evolution and development of sex discrimination protection in three domestic law frameworks – the United States, Australia and India. Finally, the development of sex discrimination protection in international law is compared with the development of sex discrimination protection in the domestic legal contexts of the three country examples, with the implications of that comparison analysed. This volume seeks to show that despite differences in the way that international approaches to sex discrimination are translated into domestic law and differences in social, political and cultural contexts women face similar limitations in accessing justice through sex discrimination frameworks.

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Guthrie, Robert, and Rebecca Taseff. "Dismissal and Discrimination: Illegal Workers in England and Australia." International Journal of Comparative Labour Law and Industrial Relations 24, Issue 1 (March 1, 2008): 31–60. http://dx.doi.org/10.54648/ijcl2008003.

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Abstract: This paper deals with various topical issues in relation to illegal workers. The legal rights of illegal workers have become an international concern. In this paper two common law countries are examined. The engagement of illegal workers raises a number of delicate employment law and policy issues. This article compares the attitude of the courts in England and Australia in relation to the question of the rights of workers who work contrary to immigration laws (illegal workers). In England, the courts have tended to adopt a traditional approach of not enforcing contracts which are tainted by illegality in relation to cases involving payment of wages and termination of employment. This has often meant that workers employed illegally have no rights to enforce agreements with employers who are a party to the illegal agreement. However, in relation to discrimination cases the English courts have used a number of devices to sidestep this harsh approach, and recently a number of workers who have been engaged illegally have been successful in establishing that their employer has discriminated unlawfully against them. Within the last decade in Australia the picture is even less clear with a mixture of outcomes in relation to cases by workers claiming wages when they have been working illegally. No discrimination cases have emerged in Australia, although this paper speculates that the Australian courts may be receptive to adopting the English approach.

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Widiss, Deborah A. "Menstruation Discrimination and the Problem of Shadow Precedents." Columbia Journal of Gender and Law 41, no. 1 (November 8, 2021): 235–43. http://dx.doi.org/10.52214/cjgl.v41i1.8841.

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The burgeoning menstrual justice movement highlights that women, girls, transgender men and boys, and non-binary persons may face discrimination or harassment due to their menstruation in workplaces, schools, prisons, and many other aspects of life. In recent years, a few courts have suggested such discrimination may violate Title VII, the federal law that prohibits sex discrimination in employment. Their analysis focuses on the Pregnancy Discrimination Act (PDA), an amendment to Title VII passed in response to a Supreme Court case holding that pregnancy discrimination was not sex discrimination. The PDA overrode the decision by explicitly defining sex as including “pregnancy, childbirth, or related medical conditions.” The menstruation discrimination cases thus implicate more general questions of how statutory overrides should be interpreted, a subject I’ve explored extensively in prior work. My research suggests that this nascent litigation campaign may face two distinct challenges. The first is that courts will simply deny the claims, reasoning that menstruation is not directly addressed by the text of the PDA and therefore should not be recognized as sex discrimination. The second—which is more subtle, and also perhaps more likely—is that courts could find such discrimination to be actionable, but do so relying solely on the PDA’s explicit reference to “medical conditions” related to pregnancy. While that would be helpful for addressing discrimination in workplaces, it could open the door to arguments that menstruation is outside the ambit of sex discrimination laws that were not amended in a manner analogous to how Title VII was amended. To avoid these potential risks, theorists and advocates should seek to establish that menstruation discrimination is discrimination on the basis of “sex” itself, in that it is a condition linked to female reproductive organs and associated with stereotypes about women’s inferiority. That reasoning, which suggests that the PDA is properly interpreted as signaling Congress’s disapproval with the Supreme Court’s unduly narrow understanding of what constitutes sex discrimination in the earlier pregnancy case, should apply not only to Title VII, but also to the interpretation of statutory and regulatory prohibitions on sex discrimination in non-employment contexts.

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CREGAN, KATE. "Sex Definitions and Gender Practices." Cambridge Quarterly of Healthcare Ethics 23, no. 3 (May 27, 2014): 319–25. http://dx.doi.org/10.1017/s0963180113000923.

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Abstract:In recent years the Australian parliament has been considering the rights to protection from discrimination of intersex and gender identity disorder (GID) people. In 2013 such protections were made law in the amendment to the Sex Discrimination Act 1984, which in turn has influenced Senate inquiries into the medical treatment of intersex people. This year’s Australian report describes the purview and the potential ramifications of the inquiry of the Senate Standing Committees on Community Affairs, published in October 2013, into the involuntary or coerced sterilization of intersex people in Australia.

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Carney, Tanya. "The Employment Disadvantage of Mothers: Evidence for Systemic Discrimination." Journal of Industrial Relations 51, no. 1 (February 2009): 113–30. http://dx.doi.org/10.1177/0022185608099668.

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When their need to provide care and their need for paid employment are equally important, mothers try to combine both roles, often through part time employment, or to stagger these competing needs by taking employment breaks. Using data from the Household, Income and Labour Dynamics of Australia (HILDA) Survey1 this article analyses the resulting detriments to the ability of mothers to continue career paths across the occupational spectrum. Analysis of this data is used to argue that employment disadvantage is generated by mothers' inability to conform to `ideal worker' behaviour and therefore can be construed as `systemic discrimination'. Norms of `ideal' behaviour are shown to be stronger in occupations of high status and as a result mothers are at a greater risk of becoming excluded from employment within these occupations. Further, 26 percent of Australian working mothers will experience occupational exclusion, an event where further employment is secured only by moving down the occupational hierarchy to jobs of lower socio-economic status.

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England, Paula, Gunther Schmid, Renate Weitzel, and Mary Huff Stevenson. "Sex Discrimination and Equal Opportunity: The Labor Market and Employment Policy." Contemporary Sociology 16, no. 2 (March 1987): 154. http://dx.doi.org/10.2307/2070665.

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36

Nikolaou, Dimitrios. "Same‐sex marriage laws, LGBT hate crimes, and employment discrimination charges." Southern Economic Journal 88, no. 3 (November 13, 2021): 869–905. http://dx.doi.org/10.1002/soej.12548.

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Clarke, Linda. "Harassment, Sexual Harassment, and the Employment Equality (Sex Discrimination) Regulations 2005." Industrial Law Journal 35, no. 2 (June 1, 2006): 161–78. http://dx.doi.org/10.1093/indlaw/dwl012.

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38

Sargeant, Malcolm. "Justifying Age Discrimination." Business Law Review 33, Issue 8/9 (August 1, 2012): 204–5. http://dx.doi.org/10.54648/bula2012049.

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Age discrimination is the only protected characteristic contained in the Equality Act 2010 where it is possible to justify both direct and indirect discrimination. In relation to all the other protected characteristics, such as in race and sex discrimination, there is no possibility of justifying direct discrimination. The test, deriving from Art. 6 of the Framework Directive on Equal Treatment in Employment and Occupation (Directive 2000/78/EC), provides that the employer will need to show that they have a legitimate aim and that the potentially discriminatory action taken is a proportionate means (appropriate and necessary) of achieving that aim.

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Palk, Laura, and Shelly Grunsted. "Born Free: Toward an Expansive Definition of Sex." Michigan Journal of Gender & Law, no. 25.1 (2018): 1. http://dx.doi.org/10.36641/mjgl.25.1.born.

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The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative—norm in a variety of contexts. However, several obstacles have emerged to jeopardize true equality for the LGBTQIA community, including (1) inconsistent judicial opinions regarding the meaning of “sex,” (2) the increased ability of employers to utilize religion or “any other factor” as a defense to discrimination claims, (3) regressive executive policies regarding the definition of “sex,” and (4) uncertainty about the extent to which transgender individuals may remain in the military. Although each of these issues warrants thorough analysis and has sparked scholarly debate, in this Article we focus on another critical inequality: wage disparity. Specifically, we are concerned with the problem posed for DSD and transgender individuals, given the Equal Pay Act’s requirement that plaintiffs demonstrate they are paid differently from the “opposite sex” for a wage disparity claim. The Equal Pay Act (EPA) is outdated and discriminatory in its application, and it unnecessarily subjects an entire segment of the workforce—LGBTQIA individuals—to continued discrimination. The EPA requires that plaintiffs prove their cases through reference to an opposite sex comparator, but then defers to the employer’s subjective definition of who “the opposite sex” is. This makes LGBTQIA plaintiffs’ cases essentially unwinnable. Uncertainty for the LGBTQIA community is further compounded by the expansion of the employer’s right, under both the Equal Pay Act and Title VII, to invoke religion, conscience, or “any other factor” as an affirmative defense to discrimination claims. In this Article, we discuss the interplay between a plaintiff’s sex-specific protections (against sex-based employment discrimination under Title VII and against wage disparity under the Equal Pay Act) and an employer’s affirmative defenses (under Title VII, the EPA, and current interpretations of the Religious Freedom Restoration Act). Our discussion concludes with recommendations for an expansive definition of the word “sex” and the adoption of the recently proposed Equality Act to help alleviate all forms of sex-based discrimination in the employment context.

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Frager, Ruth A., and Carmela Patrias. "Human Rights Activists and the Question of Sex Discrimination in Postwar Ontario." Canadian Historical Review 102, s3 (September 1, 2021): s802—s824. http://dx.doi.org/10.3138/chr-102-s3-012.

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This article examines the varied understandings of human rights in Ontario in the immediate aftermath of the Second World War. The article compares the social origins and implementation of Ontario’s Fair Employment Practices Act – which combatted racist and religious discrimination – with Ontario’s Female Employees Fair Remuneration Act – which mandated equal pay for women who did the same work as men. Although a few feminists called for the Fair Employment Practices Act to prohibit sex discrimination as well, their pleas fell mainly on deaf ears in this period. Men and women who fought against racist injustice were frequently unaware of gender injustice, for they, like so many others, subscribed to the deeply embedded ideology of the family wage. Conversely, some of the most outspoken advocates of women’s rights were unconscious of – or chose to ignore – racism. At the same time, some of the most committed advocates of equal pay for equal work actually reinforced certain conventional assumptions about men’s gender privilege at work and at home. Moreover, while the enforcement of both acts was constrained by the conciliatory framework embedded within them, the government ofﬁcials who were charged with applying both acts interpreted the equal pay act quite narrowly and were signiﬁcantly more diligent in tackling racist and religious employment discrimination.

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Thornton, Margaret. "The Political Contingency of Sex Discrimination Legislation: The Case of Australia." Laws 4, no. 3 (June 24, 2015): 314–34. http://dx.doi.org/10.3390/laws4030314.

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Barker, Renae. "The Place of the Child in Recent Australian Debate about Freedom of Religion and Belief." Laws 11, no. 6 (November 17, 2022): 83. http://dx.doi.org/10.3390/laws11060083.

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Political and legal debate about freedom of religion and belief (FoRB) in Australia has intensified since the same-sex marriage postal survey in 2017. Central to this debate has been children, their parents and institutions (Schools). This paper outlines the place of children in the Australian FoRB since 2017, focusing on the same-sex marriage postal survey debate and subsequent reviews into FoRB. In particular, it highlights the links drawn between same-sex marriage or marriage equality and the Safe School Coalition Australia campaign, the emphasis on parental rights in relation to education about marriage in schools, and the ongoing debate about potential reform to Australia’s suite of anti-discrimination laws, including the failed federal Religious Discrimination Bill.

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McDonald, Peter. "International migration and employment growth in Australia, 2011–2016." Australian Population Studies 1, no. 1 (November 19, 2017): 3–12. http://dx.doi.org/10.37970/aps.v1i1.8.

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Background: Immigration to Australia pre 1995 was largely low skilled. Recessions led to competition between low-skilled domestic workers and new immigrants and subsequent cuts in migration intakes. Historical changes in birth rates, increased participation in tertiary education, increasing numbers retiring and the relatively rapid restructuring of the skill level of labour demand combined to produce a skilled labour supply crisis in Australia from the mid-1990s. The permanent and temporary skilled migration policies established by the Australian Government from 1995 played an important role in meeting that labour demand, especially in the boom years of the first decade of the 21st century. Aims: This paper examines the impact of immigration on employment in Australia subsequent to the global financial crisis (GFC) for the five-year period from July 2011 to July 2016. Data and methods: Data for the paper are sourced from the Australian Bureau of Statistics. The paper uses survival methods to decompose the growth in employment in Australia in the five-year period from 2011 to 2016: (1) change in age and sex distribution in the absence of migration; (2) changes in employment participation rates by age and sex; (3) net migration by age and sex. Results: Immigration in response to strong labour demand has continued post GFC. From July 2011 to July 2016, employment in Australia increased by 738,800. Immigrants accounted for 613,400 of the total increase, population growth 98,900 and changes in employment participation only 26,500. Migration has had a very large effect on the age structure of employment with most new immigrant workers (595,300) being under 55 years. Conclusions: Research indicates that immigration provides major benefits to the Australian economy. However, as strong labour demand is likely to sustain migration at relatively high levels in coming years, it is incumbent upon governments to plan for the effects of rapid population growth on infrastructure and resources.

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Vickers, Lucy. "IS ALL HARASSMENT EQUAL? THE CASE OF RELIGIOUS HARASSMENT." Cambridge Law Journal 65, no. 3 (November 23, 2006): 579–605. http://dx.doi.org/10.1017/s0008197306007239.

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IN 2000 the Employment Directive was enacted by the European Community, creating a framework for combating discrimination in employment on grounds not previously covered by Community law, namely religion or belief, disability, age and sexual orientation. To a large extent the definitions of discrimination are uniform in relation to the different grounds of discrimination. In accordance with the Directive, new Regulations have been introduced in the UK prohibiting discrimination on grounds of religion or belief (the Religion and Belief Regulations) and sexual orientation, and amendments have been made to some aspects of the law governing discrimination on grounds of race, sex and disability. Age discrimination is subject to regulations which came into force in October 2006. One common aspect of these new laws and amendments is that the concept of harassment is specifically defined, instead of being viewed as a form as discrimination.

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Jain, Harish C. "Race and Sex Discrimination in Employment in Canada. Theories, Evidence and Policies." Relations industrielles 37, no. 2 (April 12, 2005): 344–66. http://dx.doi.org/10.7202/029258ar.

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After having examined three theoritical approaches, the author presents public policy relating to race and sex discrimination in employment and analyzes 74 cases decided by the boards of enquiry and courts.

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McCorquodale, John. "The Myth of Mateship: Aborigines and Employment." Journal of Industrial Relations 27, no. 1 (March 1985): 3–16. http://dx.doi.org/10.1177/002218568502700101.

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Historically, Aborigines have suffered legislative restrictions and discrimination in every phase of employment, from the kind of work they could lawfully undertake, to wages, accommodation and workers compensation. Unions have offered little or no support to black workers, and employers have been aided by court decisions based on racist stereotypes. Legislation enshrined unconscionable employment practices by government and private employers alike. An examination of all relevant legislation for Western Australia and New South Wales from the earliest times reveals a perpetuation of economic injustice against Aboriginal workers. All major Concilia tion and Arbitration Commission decisions between 1922 and 1968 on Aborigines- as-workers are analysed and reveal judicial bias. More recent examples of exploita tion are cited in support of the thesis that 'blood' or 'colour' alone were the criteria by which discrimination at the workface was practised and maintained.

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Preston, Alison, Elisa Birch, and Andrew R. Timming. "Sexual orientation and wage discrimination: evidence from Australia." International Journal of Manpower 41, no. 6 (July 19, 2019): 629–48. http://dx.doi.org/10.1108/ijm-08-2018-0279.

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Purpose The purpose of this paper is to document the wage effects associated with sexual orientation and to examine whether the wage gap has improved following recent institutional changes which favour sexual minorities. Design/methodology/approach Ordinary least squares and quantile regressions are estimated using Australian data for 2010–2012 and 2015–2017, with the analysis disaggregated by sector of employment. Blinder–Oaxaca decompositions are used to quantify unexplained wage gaps. Findings Relative to heterosexual men, in 2015–2017 gay men in the public and private sectors had wages which were equivalent to heterosexual men at all points in the wage distribution. In the private sector: highly skilled lesbians experienced a wage penalty of 13 per cent; low-skilled bisexual women faced a penalty of 11 per cent, as did bisexual men at the median (8 per cent penalty). In the public sector low-skilled lesbians and low-skilled bisexual women significant experienced wage premiums. Between 2010–2012 and 2015–2017 the pay position of highly skilled gay men has significantly improved with the convergence driven by favourable wage (rather than composition) effects. Practical implications The results provide important benchmarks against which the treatment of sexual minorities may be monitored. Originality/value The analysis of the sexual minority wage gaps by sector and position on the wage distribution and insight into the effect of institutions on the wages of sexual minorities.

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48

Sunstein, Cass R. "Why Markets Don't Stop Discrimination." Social Philosophy and Policy 8, no. 2 (1991): 22–37. http://dx.doi.org/10.1017/s0265052500001114.

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Markets, it is sometimes said, are hard on discrimination. An employer who finds himself refusing to hire qualified blacks and women will, in the long run, lose out to those who are willing to draw from a broader labor pool. Employer discrimination amounts to a self-destructive “taste” – self-destructive because employers who indulge that taste add to the costs of doing business. Added costs can only hurt. To put it simply, bigots are weak competitors. The market will drive them out.On this account, the persistence of employment discrimination on the basis of race and sex presents something of a puzzle. And if markets are an ally of equality and a foe of employment discrimination, perhaps discrimination persists because of something other than markets. Perhaps labor unions are to blame; perhaps the real culprit is the extensive federal regulation of the employment market, including minimum-wage and maximum-hour laws and unemployment compensation. If competitive markets drive out discrimination, the problem for current federal policy lies not in the absence of aggressive anti-discrimination law, but instead in the absence of truly competitive markets.If this account is correct, the prescription for the future of anti-discrimination law is to seek ways to free up employers from the wide range of governmental disabilities – including, in fact, anti-discrimination law itself. The argument seems to be bolstered by the fact that some groups subject to past and present prejudice – most notably, Jews and Asian-Americans – have made substantial progress in employment at least in part because of the operation of competitive markets.

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Alteri, Ashley M. "Side-Effects of Representation: Measuring the Impact of Representative Hiring on Employment Discrimination Complaints." Administration & Society 52, no. 10 (May 8, 2020): 1562–92. http://dx.doi.org/10.1177/0095399720915293.

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Since 1978, the government has been implementing programs to combat the underrepresentation of minorities in federal employment. However, representative bureaucracy literature has done little to examine the impact these initiatives are having on the workplace. This article examines the relationship between changes in representation and discrimination complaints. Increases in the ratio of minority and female employees predict an increase in the rates of race and sex-discrimination complaints, respectively. Increases in the ratio of Black/African American and Asian employees predict an increase in race-discrimination complaints. However, the ratio of employees ages 40 or above did not predict changes in age discrimination.

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Gogarty, Brendan, Anja Hilkemeijer, and Daniel Westbury. "Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage." Alternative Law Journal 43, no. 3 (August 16, 2018): 225–28. http://dx.doi.org/10.1177/1037969x18783437.

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In response to the recent passage of same-sex marriage law and the establishment of a Religious Freedom Inquiry (the Ruddock Panel), there has been considerable public debate on whether current exemptions for religious bodies under anti-discrimination law should be extended to individuals with a religious or conscientious objection to same-sex marriage. The authors compared current proposals for widening exemptions in anti-discrimination legislation to the legal position in the 29 other jurisdictions which permit same-sex marriage. If proposals that are currently debated were enacted, Australia would be the only jurisdiction to wind back its protections for LGBTIQ+ individuals against discrimination.

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