The Concept of 'Social Origin' Discrimination and Its Application in Contemporary Australian Workplaces
Australian Labour Law Association Conference, Melbourne, 4-5 November 2016
Posted: 1 Feb 2017
Date Written: November 4, 2016
Abstract
Discrimination in employment on the basis of “social origin” is prohibited in Australia by the Fair Work Act 2009 (Cth) (“FW Act”) and the Australian Human Rights Commission Act 1986 (Cth) (“AHRC Act”).
This paper will explore ways “social origin” discrimination may likely occur in Australian workplaces. It will argue that there may be a risk or likelihood of “social origin” discrimination from an employer’s use of a number of tools or measures in recruitment. This paper will, in particular, consider the risks posed by the use of contextual recruitment systems, psychometric testing and assessments of “cultural fit” or “fit”. Additionally, this paper will argue that the mostly hidden (but much complained of) practices of hiring on the basis of family associations and post-code may, in certain circumstances, involve “social origin” discrimination. It will also be argued that the ridicule faced by people who fit the mould of certain class-based stereotypes in Australia may filter into workplaces, thus creating a potential risk that “social origin” discrimination may occur in such workplaces.
Keywords: social origin, discrimination, adverse action, termination, class, class discrimination, social origin discrimination
JEL Classification: J71, K31, K33
Suggested Citation: Suggested Citation