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THE TEST FOR INDIRECT SEX DISCRIMINATION IN EMPLOYMENT – ASSESSING SECTIONS 5(2), 7B(2) AND 7C OF THE SEX DISCRIMINATION ACT 1984 (CTH)
thesisposted on 25.08.2020, 01:24 by QUYNH NGOC VU
The thesis examines the language and the practical application of the current indirect sex discrimination test stipulated under ss 5(2), 7B(2) and 7C of the Sex Discrimination Act 1984 (Cth). It uses traditional legal research methodology and systematic analysis of case law to evaluate the effectiveness of these provisions in eliminating structural discrimination and promoting gender equality in the workplace. Based on the analysis and findings, the thesis proposes additional legislative guidance and a non-statutory mechanism that could help further clarify the meanings of the legal provisions to the parties. These proposals also seek to assist the judges in interpreting the elements of the current indirect discrimination test more appropriately in light of the legislative aims.