Indirect Systemic Discrimination in Education: A Comparative Analysis
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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
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 |
| URI | https://vuir.vu.edu.au/id/eprint/9354 |
| Official URL | http://www.businessandeconomics.mq.edu.au/our_depa... |
| Subjects | Historical > Faculty/School/Research Centre/Department > Centre for Strategic Economic Studies (CSES) Historical > FOR Classification > 1801 Law Historical > SEO Classification > 9404 Justice and the Law |
| Keywords | ResPubID24180, ResPubID24503, indirect discrimination, norms, complainant, mainstream education, segregation, Indigenous students, minority groups |
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