The New Racism in Employment Discrimination: Tales from the Global Economy

Sydney Law Review, Vol. 32, No. 1, pp 1-27, 2010

ANU College of Law Research Paper No. 10-70

28 Pages Posted: 21 Aug 2010

See all articles by Margaret Thornton

Margaret Thornton

ANU College of Law

Trish Luker

University of Technology Sydney, Faculty of Law

Date Written: 2010

Abstract

Neoliberal employment strategies, immigration policies, economic globalisation and the events of 9/11 have created new environments for racism in Australia. In this article, the ramifications of the shifting political environment on race discrimination against ethnicised Others in employment since 1990 are examined, with particular regard to the post-9/11 period. Drawing on complaints made to anti-discrimination agencies and decisions of courts and tribunals, it is argued that there has been a contraction in the ambit of operation of the legislation through the application of exemptions and a heightened burden of proof for complainants which has had a chilling effect on the jurisdiction. Drawing on Goldberg’s thesis of the racial state, it is posited that in the contemporary political environment, the state is active in producing and sustaining racism.

Keywords: Race, Employment, Anti-discrimination legislation, Australia, globalisation

Suggested Citation

Thornton, Margaret and Luker, Trish, The New Racism in Employment Discrimination: Tales from the Global Economy (2010). Sydney Law Review, Vol. 32, No. 1, pp 1-27, 2010, ANU College of Law Research Paper No. 10-70, Available at SSRN: https://ssrn.com/abstract=1661489

Margaret Thornton (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

Trish Luker

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

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