Giving Meaning to 'Social Origin' in International Labour Organization ('ILO') Conventions, the Fair Work Act 2009 (Cth) and the Australian Human Rights Commission Act 1986 (Cth): 'Class' Discrimination and its Relevance to the Australian Context

45 Pages Posted: 28 Apr 2016

See all articles by Angelo Capuano

Angelo Capuano

Central Queensland University (CQUniversity) - Business & Law

Date Written: April 27, 2016

Abstract

Discrimination in employment on the basis of a person's "social origin" is prohibited in Australia by the Fair Work Act 2009 (Cth) and the Australian Human Rights Commission Act 1986 (Cth).

This article gives meaning to the term "social origin" in ILO Conventions, the Fair Work Act 2009 (Cth) and the Australian Human Rights Commission Act 1986 (Cth).

This article clarifies what it means for a person to experience discrimination on the basis of his or her "social origin" and it argues that this form of discrimination is likely to be relevant and an issue in Australian workplaces.

Among the questions raised in this article is whether the practice of hiring for "cultural fit" may, in certain circumstances, constitute unlawful discrimination on the basis of a person's "social origin".

Keywords: discrimination, discrimination law, labour law, social origin, social origin discrimination, australia, australian law, international labour law, international labour organization, ILO, ILO conventions, class, class discrimination, capital, cultural fit, employment law, industrial relations

Suggested Citation

Capuano, Angelo, Giving Meaning to 'Social Origin' in International Labour Organization ('ILO') Conventions, the Fair Work Act 2009 (Cth) and the Australian Human Rights Commission Act 1986 (Cth): 'Class' Discrimination and its Relevance to the Australian Context (April 27, 2016). University of New South Wales Law Journal, Vol. 39, No. 1, 2016, Available at SSRN: https://ssrn.com/abstract=2771056

Angelo Capuano (Contact Author)

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

Australia

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