The Impact of Anti-Discrimination Laws on Society

Anti-discrimination involves treating individuals unfairly due to specific characteristics like age, gender, ethnicity, disability, or religion to guarantee equal treatment under the law.

Three laws, the Racial Discrimination Act 1975, the Anti-Discrimination Act 1977, and the Disability Discrimination Act 1992, have been put in place to prevent discrimination.

The Anti-Discrimination Act 1977 was enacted on April 28, 1977 and became the 48th Act of that year. It prohibits discrimination in areas such as employment, public education, delivery of goods and services, banking, health care, property, and night clubs.

The Act addresses illegal racial, sexual, and other forms of discrimination to ensure equal opportunities for all individuals. Over the years, it has undergone approximately 90 amendments and reforms to combat racial discrimination based on race, color, descent or national or ethnic origin.

Since the passing of the Act in 1975, there have been over 10,500 complaints filed regarding racial discrimination. The authority to enact this comprehensive law comes from the "external affairs" power in the Australian Constitution, which is based on the International Convention on the Elimination of all Forms of Racial Discrimination, a treaty that Australia has ratified.

Get quality help now

KarrieWrites

Verified writer

Proficient in: Discrimination

5 (339)

“ KarrieWrites did such a phenomenal job on this assignment! He completed it prior to its deadline and was thorough and informative. ”

+84 relevant experts are online

Hire writer

This power was confirmed by an important decision by the High Court in 1982, stating that racial discrimination can occur when a policy or rule may appear to be neutral but has a disproportionate impact on individuals of a specific race, color, descent, or national or ethnic origin.

Individuals with disabilities face significant challenges in society, such as discrimination in areas like employment, education, and government access. This can lead to increased rates of violence and exclusion from various aspects of life.

The disability rights movement, which emerged in the 1960s and 1970s, was inspired by other civil rights movements and aimed to improve the quality of life for people with disabilities. Under anti-discrimination laws, employees with disabilities have the right to equal training, promotion, and job benefits. Employers are required to provide necessary accommodations for individuals with disabilities to ensure they have equal access to opportunities without causing undue hardship.

Employers are only allowed to terminate, medically retire, or lay off individuals due to their disability. When applying for a job, employers must provide necessary accommodations, as long as it does not cause undue hardship. If there are aspects of the job that the individual cannot perform, the employer must make alternative arrangements. In terms of Race Discrimination, individuals have the right to report incidents of harassment or bullying based on race, color, nationality, descent, ethnicity, or ethno-religious background and penalties for such behavior can be taken to court for a trial. People affected by Anti-Discrimination may face challenges such as African Americans being subjected to name-calling and harassment based on their race and skin color.

As a global society, we have struggled to embrace being categorized under a single label. Our status as a racial state has evolved over time, blending elements of racial dictatorship and racial hegemony in pursuit of a racial democracy. Initially, from 1607 to 1865, non-white individuals were largely excluded from politics, with the "color line" serving as a key societal division. This segregation was particularly pronounced in institutions that enforced distinctions based on skin color, dictating residential areas, educational opportunities, and seating arrangements in public spaces. Ultimately, this system grouped individuals from diverse backgrounds into a single, oversimplified category.

Instead of being categorized by their country of origin or place of residence, individuals were simply labeled as black, indicating their inferiority to the dominant race. This classification erases their unique identities and cultural backgrounds. The United States, as the dominant group, maintains control through both coercion and permission. While blacks were given access to education, the quality they received was not on par with that of whites. Disparities are evident in higher education, where white students outnumber black students significantly. In higher education institutions, 70 percent of students were white while 30 percent were black. However, progress has been made over time since minorities, especially blacks, were once banned from attending school altogether. Notably, minority enrollment in higher education is rising while white enrollment is declining. Between 1991 and 1995, white enrollment decreased while black enrollment increased by 9 percent.

Historically, there has been a significant wage gap between the minority population and the dominant race, which remains present today. Progress has been made in reducing this disparity, but there is still a noticeable difference in earnings between whites and blacks. In the years 1980 to 1984, white men aged 18-64 earned $2.10 per hour compared to their black counterparts who only earned $1.86 for similar work. Despite this inequality, improvements in education have helped lessen the gap as black individuals now have access to education and can enhance their skills in their professions, leading to higher wages. These figures highlight the persistent racial disparity in our society, albeit not as overt as it once was.

Real estate agents tend to guide white couples towards predominantly white neighborhoods and black couples towards predominantly black neighborhoods, influencing their final decision on where to live. The ongoing challenge of achieving true racial democracy will continue until political priorities shift from serving politicians' interests to serving the people. Discrimination remains a significant obstacle in reaching genuine racial equality, with over 10,500 complaints filed since the Act was implemented in 1975. The national Parliament's authority to pass this law is based on the "external affairs" power outlined in the Australian Constitution, which is rooted in the International Convention on the Elimination of all Forms of Racial Discrimination. This legal authority was confirmed in a key High Court ruling in 1982.

The Civil Rights Act of 1964 sought to eliminate workplace discrimination based on protected characteristics like color or sex that were not relevant to job performance. To promote fairness, the government banned the use of these factors in work-related decisions. In fiscal year 2009, the Equal Employment Opportunity Commission (EEOC) received more than 93,000 complaints of discrimination.

Unintentional actions by an employer, such as making sexually inappropriate jokes that create a hostile work environment, can result in discrimination. This can lead to decreased morale and performance among employees who feel undervalued, causing them to become less motivated and potentially seek other job opportunities or file complaints with the Equal Employment Opportunity Commission.

Although the EEOC only filed around 300 lawsuits out of 93,000 complaints in 2009, how it handles complaints can greatly affect a company's financial performance. Furthermore, getting a "right to sue" letter from the EEOC allows an employee to pursue legal action for discrimination regardless of the validity of their claims. This highlights the necessity for companies to establish clear policies and guidelines for workplace behavior to prevent expensive legal disputes down the line.

By having a policy against harassment, a company shows it is actively protecting employees' rights. Taking action against those who engage in discriminatory behavior can help prevent costly legal issues and protect the company's reputation.

Anti-Discrimination is not limited to the workplace but also affects schools, shows, and movies. By advocating for equality in different areas of society, it guarantees equal treatment for everyone. This is why I think anti-discrimination is essential in building a fairer and more equitable society.

Bibliography

a list of websites related to antidiscrimination and human rights issues:
www.antidiscrimination.gov.au
www.wikipedia.org
www.antidiscrimination.lawlink.nsw.gov.au
www.humanrights.gov.au
www.antidiscrimination.tas.gov.au/
www.ag.gov.au
www.lawcouncil.asn.au
www.adcq.qld.gov.au
www.adc.nt.gov.au
www.usq.edu.au
www.thefreedictionary.com
www.dictionary.com
www.business.gov.au