Equality and Discrimination at Work (LAWS70025)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
June
Teaching staff:
Alysia Blackham (Subject Coordinator)
Carol Andrades
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | June |
|---|---|
| Fees | Look up fees |
Discrimination and sexual harassment in the workplace represent an overwhelming majority of total complaints made to anti-discrimination authorities. Equality and discrimination at work remain pressing concerns for employees, managers and, more broadly, for society. Achieving equality is elusive and, indeed, the very meaning of equality is highly contested.
This subject explores the legal meanings of equality, with a focus on the frameworks through which Australian parliaments have sought to address inequality, discrimination and harassment. It examines federal and state laws that deal with discrimination, including the four federal laws, the Equal Opportunity Act 2010 (Vic) and the adverse action provisions in the Fair Work Act 2009 (Cth). Consideration is given to discrimination based on race, sex, disability, age and pregnancy and family responsibilities. The lecturers in this subject combine many years of academic scholarship in this area, engagement in law reform debates and practical client-focused legal advice
This subject provides an examination of the development and current scope of Australian equality and discrimination law, as relevant in employment and work relationships. It will focus on federal and Victorian jurisdictions.
Indicative list of principal topics:
- A study of the framework and key features of federal and state legislative provisions dealing with equality and discrimination in the employment context, including the Equal Opportunity Act 2010 (Vic), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Disability Discrimination Act 1992 (Cth) and the Age Discrimination Act 2004 (Cth)
- An examination of the general protection provisions in the Fair Work Act 2009 (Cth), including redress for certain types of adverse action
- Debates regarding the meaning of equality, discrimination and other contested concepts such as choice, especially as choice relates to carer responsibilities
- The Charter of Human Rights and Responsibilities Act 2006 (Vic), and its potential impact in the interpretation of the Victorian Equal Opportunity Act
- Conciliation, dispute resolution and remedies
- Alternative regulatory regimes, including the National Employment Standards, equal remuneration provisions under the Fair Work Act, contract law and occupational health and safety issues such as bullying
- Current processes of legislative revision at federal and state level
- The potential for future developments in the field.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal principles of Australian equality and discrimination law within the context of work, including recent developments in this field of law and practice
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as paid maternity leave, genetic discrimination, tension between work and care responsibilities, pay equity, and race, ethnicity and employment disadvantage
- Have a sophisticated appreciation of the factors and processes driving parliamentary revision of the legal framework
- Have an advanced understanding of situations in which issues of equality and discrimination may arise in work relationships and management practices
- Have developed an understanding of work-related equality and discrimination legal regimes in an international and human rights context
- Have the cognitive and technical skills to generate critical and creative ideas relating to equality and discrimination issues, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to equality and discrimination at work
- Have the communication skills to clearly articulate and convey complex information regarding equality and discrimination in the workplace to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of equality and discrimination in the workplace.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
Corequisites
None
Non-allowed subjects
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50068 | Equality and Discrimination Law | Not available in 2025 |
12.5 |
Recommended background knowledge
Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Presentation and supporting resource
| During the teaching period | 30% |
Research paper on a topic approved by the subject coordinator
| 16 July 2025 | 70% |
| Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Additional details
The due dates of interim assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- June
Principal coordinator Alysia Blackham Coordinator Carol Andrades Mode of delivery On Campus (Parkville) Contact hours 35 Total time commitment 150 hours Pre teaching start date 7 May 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 4 June 2025 to 11 June 2025 Last self-enrol date 12 May 2025 Census date 6 June 2025 Last date to withdraw without fail 18 July 2025 Assessment period ends 22 August 2025 June contact information
Teaching staff:
Alysia Blackham (Subject Coordinator)
Carol Andrades
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025