Employment discrimination in Australia: the challenges of pursuing a substantive equality approach

Australia lacks any constitutionally entrenched guarantees of equality and non-discrimination and as occurs in many federations, the legal framework governing employment discrimination is a complex web of state, territory and federal laws. This chapter examines the various avenues for redress available with respect to forms of unlawful discrimination in employment and highlights how problems with scope, burden of proof, and exceptions limit the reach of the existing legal protections. The chapter also addresses the need to move away from reactive complaints-based mechanisms and to enhance enforcement mechanisms in order to bring about substantive change in Australian workplaces.