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  • Australia's solution to disability discrimination enforcement

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    84478_1.pdf (161.0Kb)
    Author(s)
    Harpur, Paul
    French, Ben
    Bales, Richard
    Griffith University Author(s)
    French, Ben J.
    Year published
    2011
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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 it depended on enforcement of lawsuits brought by aggrieved private citizens. In 2009, however, Australia adopted the Fair Work Act 2009 (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 ...
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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 it depended on enforcement of lawsuits brought by aggrieved private citizens. In 2009, however, Australia adopted the Fair Work Act 2009 (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 is an approach that should attract significant international interest.
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    Journal Title
    Cornell HR Review
    Volume
    Nov 2011
    Publisher URI
    http://www.cornellhrreview.org/australias-solution-to-disability-discrimination-enforcement/
    Copyright Statement
    © 2011 Cornell HR Review. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
    Subject
    Labour Law
    Publication URI
    http://hdl.handle.net/10072/55336
    Collection
    • Journal articles

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