Discrimination
What is discrimination?
Discrimination is the preferential treatment of people according to personal characteristics such as
- Race
- Sexuality
- Marital status
- Gender
- Physical or intellectual impairments
- Age
- Religion
- Political beliefs.
Discrimination often occurs irrespective of individual merit. It is illegal to discriminate if specifically prohibited by the law.
Forms of discrimination
There are two general forms of discrimination – negative and positive.
Direct negative discrimination is the unfair treatment of individuals on the basis of difference regarding personal characteristics or preferences, such as when a woman is not hired for a job because the employer believes women are inferior to men. Alternatively, negative discrimination can be indirect, where the like and supposedly neutral treatment of a collective has an unfair effect on particular individuals or groups. For example, when access to the local public library is restricted to stairs, making wheelchair-bound individuals unable to enter. Negative discrimination is an expression of ignorance, and forms a barrier against achieving a harmonious society.
In contrast, positive discrimination is the beneficial treatment of individuals distinguished on the basis of differences regarding personal characteristics or preferences. The underlying aim of positive discrimination is to facilitate greater equality of opportunity and access. For instance, in Australia employers can sometimes discriminate upon age if it will benefit people who have experienced disadvantages as a result of their age. Positive discrimination recognises that diversity is an accepted part of Australian culture, not merely something that must be tolerated.
Where does discrimination occur?
Discrimination can occur in
- Education
- Employment
- Goods and services
- Selling and transferring land
- Sport
- Clubs
- Advertising
- Accommodation.
Dealing with negative discrimination – the four C’s
Communicate your feelings and details of the situation to someone you trust, like a parent, friend or teacher.
Confront the person(s) who is discriminating against you, and tell them you object to their treating you unfairly.
Contact someone who is trained to deal with such situations, starting with a union officer or school counsellor.
Complain to management or your employer or the appropriate Government department. In Australia, you can contact the Victorian Equal Opportunity and Human Rights Commission. For more information in Victoria, please refer to the Victorian Civil and Administrative Tribunal Anti-Discrimination List.
Want to find out more?
Human Rights and Equal Opportunity Commission
Equal Opportunity Commission
Victoria Civil and Administrative Tribunal Anti-Discrimination List
Department of Employment and Workplace Relations
Lawstuff; Know Your Rights
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