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Giving meaning to "social origin" in Australian labour law and anti-discrimination legislation
thesis
posted on 2018-07-05, 23:07 authored by ANGELO CAPUANOThe Fair Work Act 2009 (Cth) (“FW Act”) and the Australian Human Rights Commission Act 1986 (Cth) (“AHRC Act”) prohibit discrimination in employment on the basis of “social origin”. The concept “social origin” is, however, highly ambiguous and elusive. This thesis is the first study of its kind in Australia and overseas to provide comprehensive and coherent guidance on the proper construction of “social origin” in the FW Act and the AHRC Act. It details numerous examples of conduct that may constitute “social origin” discrimination in Australian workplaces, and highlights that common practices, such as recruiting for “cultural fit”, may enable this type of discrimination.
