The eradication of compulsory retirement and age discrimination in the Australian workplace : A cause for celebration and concern

Earlier this year the Age Discrimination Act 2004 was passed by the Commonwealth government. This paper provides an overview of the Age Discrimination Act 2004 and critically examines whether it is likely to be successful in eradicating compulsory retirement and age discrimination within the workforce. Empirical studies suggesting that law reform alone is insufficient to eliminate ageist employer behaviour are discussed as is the need for public awareness campaigns. Given that compliance with the law is closely linked with normative belief, this paper also considers whether a moral duty to refrain from age discrimination can be grounded within the natural law ethic.

Age discrimination in the evaluation of job applicants

This study investigated the nature of age discrimination against older job applicants. One hundred fifty-six participants (102 students; 54 organization based) evaluated a hypothetical job applicant's (aged 33–66 years) work-related competences and likelihood of being hired. Applicant age affected hiring decisions for both samples where there was a preference for hiring applicants aged 42–48 years. Applicants at both the older and younger ends of the continuum were less likely to be hired, with the oldest applicants (over 54 years) being the least likely to be hired. Although the applicants' age negatively affected evaluations of their trainability and sociability, the effect of applicant age on hiring evaluations was not mediated by these work-related competencies, suggesting that age discrimination occurs via direct bias against older workers.

Extending double standards and stereotyping approaches to hiring older workers

This thesis examined factors underlying discrimination against older job applicants. Drawing upon stereotyping and double standards-based approaches to discrimination the thesis found that positive and negative aspects of the older worker stereotype can have cumulative effects on hiring decisions and may interact with job requirements to affect discrimination.

The employment effects of gender discrimination in Australia 1994-95

Interpreting the unexplained component of the gender wage gap as indicative of discrimination, the empirical literature to date has tended to ignore the potential impact wage discrimination may have on employment. Clearly, employment effects will arise if discrimination lowers the female offered wage and the labour supply curve is upward sloping. The empirical analysis employs the ABS Income Distribution Survey 1994–95 and finds evidence of both wage and associated employment effects. The analysis is replicated for the earlier period 1989–90. A comparison across time is of interest given the substantial deregulation of the Australian labour market over the period.

Equal employment opportunity and glass ceilings : a contradiction in terms?

This study assesses the status of Equal Employment Opportinity (EEO) within the State Government of Florida. The criterion for this assessment is an examination of the adequacy and relevancy of existing EEO policy and practices.

Measuring the economic consequences of racial discrimination in Australia

 Racial discrimination results in economic inefficiency. This thesis has investigated its impact and estimated, for the first time, the health-related costs attributable to racial discrimination. The study found that the Australian economy incurs substantial loss due to the burden of disease associated with the exposure of minorities to racial discrimination.

The problem of voluntariness: parents and the anti-discrimination principle

Examines the theoretical justifications for the anti-discrimination protection for working parents in Australia. Implication of discrimination, voluntaries and employment; Analysis of the tort principles; Factors affecting the justification for protecting working parents.

Twisting the knife: discrimination in the law

Of the many different variations that can occur in human sexual formation, transsexualism no doubt remains the least understood by the wider Australian community. As a consequence, the process of attaining human rights to legal status, privacy, dignity and freedom from discrimination for those who experience this unusual condition has been a slow and sometimes frustrating one. The article seeks to introduce the reader to some of the more recent developments in the international jurisprudence of transsexualism and the underlying medical evidence that has supported them. It also offers criticism of the belated attempt by the State of Victoria,  with the Births, Deaths & Marriages Registration (Amendment) Act 2004, to establish certain statutory rights in this regard. While the legislation was enacted with the stated and very laudable purpose of providing for the  correction of birth records on the Register of Births of those people with transsexualism who have altered their phenotypic sex by hormonal  medication and surgery, the article argues it has also served to remove other equally important rights already won and proposes that a final remedy will only be found, as on previous occasions, in the courts.

Allegations of unlawful discrimination in education: parents taking their fight for Auslan to the courts

This paper examines the use of the Disability Discrimination Act (Commonwealth of Australia, 1992) by parents seeking access for their deaf children to native sign language in the classroom. It reviews a number of cases in which Australian parents have claimed indirect discrimination by educational authorities over their children's lack of access to instruction through Australian Sign Language (Auslan) and discusses the outcomes of such litigation. The policies endorsed by deafness organizations are contrasted with those of state educational authorities. The author discusses the limitations of a complaints-based system to address systemic discrimination and suggests the need for legislation to protect the linguistic rights of deaf children.

Institutional and structural forms of HIV-related discrimination in health care : a study set in Beijing

This paper presents key findings of a situational analysis of institutional and structural levels of HIV/AIDS-related discrimination in Beijing, China, with a focus on the area of health care. Initially slow to respond to the presence of HIV, China has altered its approach and enacted strict legislative protection for people living with HIV/AIDS (PLWHA). In order to determine whether this has altered discrimination against PLWHA, this study examined existing legislation and policy, and interviewed key informants working in health care and PLWHA. The overall findings revealed that discrimination in its many forms continued to occur in practice despite China's generally strong legislative protection, and it is the actual practice that is hindering PLWHAs' access to health services. A number of legislative and policy gaps that allow discrimination to occur in practice were also identified and discussed. The paper concludes with a call to rectify specific gaps between legislation, policy and practice. An understanding of the underlying factors that drive discrimination will also be necessary for effective strategic interventions to be developed and implemented.

Cultural racism, language prejudice and discrimination in hospital contexts : an Australian study

This article explores the idea that racial and ethnic disparities in healthcare may be expressive of unacknowledged practices of cultural racism. In conducting this exploration, the researchers identify, describe and discuss the practice of language prejudice and discrimination by health service providers, discovered serendipitously in the context of a broader study exploring cultural safety and cultural competency in an Australian healthcare context. The original study involved individual and focus groups interviews with 145 participants recruited from over 17 different organisational and domestic home sites. Participants included health service managers, ethnic liaison officers, qualified health interpreters, cultural trainers/educators, ethnic welfare organisation staff, registered nurses, allied health professionals, and healthcare consumers. Participants self-identified as being from over 27 different ethnocultural and language backgrounds.

Analysis of the data revealed that English language proficiency, like skin colour, was used as a social marker to classify, categorise, and negatively evaluate people of non-English speaking backgrounds (NESB) in the contexts studied. Negative evaluations, in turn, were used to justify the exclusion of NESB people from healthcare relationships and resources. Further data analysis revealed that underpinning the negative attitudes and behaviours in hospital domains concerning people who spoke accented English or who did not speak English proficiently were a dislike of difference, fear of difference, intolerance of difference, fear of competition for scarce healthcare resources, repressed hostility toward difference, and ignorance.

Highlighting the implications of language prejudice for the safety and quality care of NESB people, the researchers call for further internationally comparative research and debate on the subject.

Perceived discrimination in Mapuche discourse : contemporary racism in Chilean society

This paper documents the experiences of perceived discrimination by Mapuches, the largest aboriginal group in Chile, focusing on their oral discourse about the phenomenon. As part of a national research project, 100 Mapuches were interviewed about their perception of discrimination toward them. These interviews were analyzed using the four-level method developed by Merino, which is mainly based on local semantic strategies and argumentative sequences and topoi. The analysis suggests that racism is experienced in everyday interethnic interactions by means of four modes: verbal, behavioral, institutional and macro-social. Verbal racism includes name-calling (e.g. 'indio' [Indian]) and stereotyping (e.g. 'primitive'), and prejudiced remarks. Behavioral racism includes looking, ignoring, avoiding, segregating and denial of identity. In the institutional mode, denial of opportunities and discrimination in various public offices, private institutions and services are frequent, with perpetrators acting on behalf of the institution for which they work. The macro-social mode includes cultural dominance of the economic and educational systems, and an ethnocentric perspective of history. The findings suggest the presence of a racist ideology underlying Mapuche's discursive reproduction of the way Chileans talk and think about them and behave toward them.

Attitude change in employment of people who have a disability

This thesis is set in Ecological Systems Theory and found that direct experience with people who have a disability, rather than constructed scenarios, is the key to positive attitude change. Future research should utilize the powerful role stereotyped groups themselves have in attitude change through their own development and interaction with the environment.