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Indirect Systemic Discrimination in Education: A Comparative Analysis

Schindler, Hayley and Zeller, Bruno (2011) Indirect Systemic Discrimination in Education: A Comparative Analysis. Macquarie Journal of Business Law, 8. pp. 111-133. ISSN 1449-0269

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Abstract

Indirect systemic discrimination potentially can occur where the organisational norms, rules or procedures used to determine the allocation of positions and benefits, in public life, appear neutral on face value. This is so because norms and rules are designed around the attributes of a dominant group, against whom minorities are less able to comply. The Australian Racial Discrimination Act 1975 (Cth) (‘RDA’) prohibits indirect discrimination in s9(1A), requiring that four elements be satisfied: 1. The imposition of a requirement or condition; 2. The disparate impact of the requirement or condition; 3. The inability of the complainant to comply; and 4. A lack of justification for the requirement or condition.

Item Type: Article
Uncontrolled Keywords: ResPubID24180, ResPubID24503, indirect discrimination, norms, complainant, mainstream education, segregation, Indigenous students, minority groups
Subjects: Faculty/School/Research Centre/Department > Centre for Strategic Economic Studies (CSES)
FOR Classification > 1801 Law
SEO Classification > 9404 Justice and the Law
Depositing User: VUIR
Date Deposited: 14 Sep 2012 00:25
Last Modified: 14 Sep 2012 00:25
URI: http://vuir.vu.edu.au/id/eprint/9354
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