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  • Australia's Fair Work Act and the Transformation of Workplace Disability Discrimination Law

    Author(s)
    Harpur, Paul
    French, Ben
    Bales, Richard
    Griffith University Author(s)
    French, Ben J.
    Year published
    2012
    Metadata
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    Abstract
    Until recently, Australian disability discrimination law was similar to that of the United States and much of the rest of the world: it defined disability relatively narrowly, its penalties for noncompliance were relatively paltry, and its enforcement depended on lawsuits brought by aggrieved private citizens. In 2009, however, Australia adopted the Fair Work Act (FW Act). The FW Act defined disability much more broadly, increased substantially the penalties for noncompliance, and created a state institution to enforce disability rights. This article analyses the FW Act, compares it to the workplace disability law in the ...
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    Until recently, Australian disability discrimination law was similar to that of the United States and much of the rest of the world: it defined disability relatively narrowly, its penalties for noncompliance were relatively paltry, and its enforcement depended on lawsuits brought by aggrieved private citizens. In 2009, however, Australia adopted the Fair Work Act (FW Act). The FW Act defined disability much more broadly, increased substantially the penalties for noncompliance, and created a state institution to enforce disability rights. This article analyses the FW Act, compares it to the workplace disability law in the United States, and argues that the FW Act is a transformational development in the struggle to achieve workplace equality and an approach that should attract significant international interest.
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    Journal Title
    Wisconsin International Law Journal
    Volume
    30
    Issue
    1
    Publisher URI
    http://hosted.law.wisc.edu/wordpress/wilj/volume-30-issue-1/
    Subject
    Labour Law
    Law
    Publication URI
    http://hdl.handle.net/10072/51748
    Collection
    • Journal articles

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