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

See all articles by Angelo Capuano

Angelo Capuano

Central Queensland University (CQUniversity) - School of Business & Law

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

Capuano, Angelo, The Concept of 'Social Origin' Discrimination and Its Application in Contemporary Australian Workplaces (November 4, 2016). Australian Labour Law Association Conference, Melbourne, 4-5 November 2016, Available at SSRN: https://ssrn.com/abstract=2909255

Angelo Capuano (Contact Author)

Central Queensland University (CQUniversity) - School of Business & Law ( email )

Australia

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