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ARTICLE · 29 APRIL 2012

Racial Discrimination case

The educational authority declined employment when the internal requirements were not met; not on the grounds of race.

AustraliaEmployment and HR
Nada Abdel-Fattah
Nada Abdel-Fattah

Summary of Racial Discrimination and an example of a case (Laalaa v Director General, Department of Education and Training (EOD) [2009] NSWADTAP 56) which dealt specifically with direct and indirect discrimination.

The Act makes it unlawful to racially vilify another person, whereby a person is discriminated on the grounds of their race publicly, causing insult and/or humiliation.

The unlawfulness of racial discrimination can occur within employment, access to premises, access to accommodation and within the education sector, whether at a school, university, TAFE or college.

There will be some overlap in these areas. For example, discrimination on the grounds of race could occur when a person seeks employment at a school, or may be denied access to certain premises or facilities within a school on the basis of their race.

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