Indirect Discrimination in the Workplace
By: Rosemary Hunter
About This Book
An employer's apparently neutral policies and practices may, perhaps accidentally, certainly unreasonably, exclude women or minority applicants or employees: this is unlawful discrimination.A host of traditional employment practices have been found to fall into this category - height and weight requirements, a last-on-first-off policy, job mobility conditions, even a bus ticketing system; all have fallen foul of equal opportunity legislation.This indirect discrimination legislation is complex and in places highly technical. Its impact and potential is little understood. Rosemary Hunter comprehensively analyses the legislation, State and Federal, private sector and public.She refers extensively to the large body of practice which has grown up in the United States and the United Kingdom. She includes numerous worked examples to show the factual situations which arise and discusses what "legally defensible" employment procedures may involve.
AI Overview
Title: "Indirect Discrimination in the Workplace" by Rosemary Hunter
Publication Details:
- Author: Rosemary Hunter
- Publisher: Federation Press, Sydney
- Publication Year: 1992
- ISBN: 978-1-86287-089-5
- Pages: 360 pp. (varies slightly in different editions, e.g., 325 pages in some sources)
Key Themes:
- Indirect Discrimination: The book focuses on the concept of indirect discrimination, which refers to practices or policies that, although not explicitly discriminatory, have a disproportionate impact on certain groups, often leading to unfair treatment.
- Workplace Equality: It explores how indirect discrimination affects workplace equality, particularly in terms of gender, race, and other protected characteristics.
- Legal Framework: The book delves into the legal frameworks and regulations that aim to prevent indirect discrimination in the workplace, including case studies and analyses of relevant laws.
Plot Summary: The book provides a comprehensive analysis of indirect discrimination in the workplace. It begins with an introduction to the concept of indirect discrimination, explaining how seemingly neutral policies or practices can have discriminatory effects. The author then delves into various case studies and legal precedents to illustrate how indirect discrimination manifests in different contexts, such as hiring practices, promotion policies, and workplace culture.
Hunter also examines the role of legislation and judicial decisions in addressing indirect discrimination. The book includes a foreword by Justice Gaudron, which adds a legal perspective to the discussion.
Critical Reception: While specific reviews are not readily available, the book's significance in the field of employment law and feminist scholarship is evident. It has been cited in academic repositories and is recognized as a seminal work in understanding indirect discrimination in the workplace.
Impact: "Indirect Discrimination in the Workplace" has contributed to the development of employment law by highlighting the need for nuanced understanding and regulation of workplace practices. The book's focus on indirect discrimination has helped to shape policies aimed at promoting equality and fairness in the workplace.
In summary, "Indirect Discrimination in the Workplace" by Rosemary Hunter is a foundational text that provides a detailed examination of the concept of indirect discrimination, its impact on workplace equality, and the legal frameworks designed to address it. The book remains relevant in contemporary discussions about workplace discrimination and equality.