Remedying Discrimination by Court Order and Agreement: A Case Study of Queensland

29 Pages Posted: 23 Jan 2012

See all articles by Dominique Allen

Dominique Allen

Labour, Equality and Human Rights research group, Department of Business Law, Monash Business School; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: February 22, 2011

Abstract

Although the vast majority of discrimination complaints are settled outside the court system, very little is known about what they are settled for or how discrimination is being remedied in society. Drawing on settlements from the Queensland Anti-Discrimination Commission and the Anti-Discrimination Tribunal and decided cases, this paper compares the outcomes parties obtain at settlement with remedies awarded by the tribunal.

The study explores the differences between what complainants negotiate prior to hearing compared to what they are likely to be awarded if their complaint is successful. The study shows that while complainants receive lower levels of compensation at conciliation than the tribunal generally awards, they are far more likely to negotiate other terms of settlement, such as an apology, training or changes to policies and procedures, at conciliation. Complainants with a complaint that affects similarly situated individuals can negotiate a wider, systemic remedy early in the process, whereas the tribunal predominantly remedies discrimination with compensation.

Keywords: discrimination, remedy, ADR

Suggested Citation

Allen, Dominique, Remedying Discrimination by Court Order and Agreement: A Case Study of Queensland (February 22, 2011). Available at SSRN: https://ssrn.com/abstract=1989998 or http://dx.doi.org/10.2139/ssrn.1989998

Dominique Allen (Contact Author)

Labour, Equality and Human Rights research group, Department of Business Law, Monash Business School ( email )

Caulfield Campus
Sir John Monash Drive
Caulfield East, Victoria 3084
Australia

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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