Equality and Anti-Discrimination Legislation:An Uneasy Relationship

Date

2021

Authors

Thornton, Margaret

Journal Title

Journal ISSN

Volume Title

Publisher

The Federation Press

Abstract

Despite the rhetoric of equality that infuses anti-discrimination legislation, a close analysis reveals that it is in-equal-ity that is invariably privileged. With reference to the Australian example, this introductory article will show how the paradox is played out at multiple sites in terms of both form and substance, such as through the individualism and confidentiality of the complaint-based mechanism. A striking exclusion from the legislation is the attribute of class, the most significant manifestationof social inequality, which remains ineffable even when it significantly shapes other attributes. The prevailing political backdrop of neoliberalism plays a significant role in promoting ine-quality through competition policy and profit maximisation. Powerful corporations not only endeavour to resist transparency, but they also tend to oppose proactive measures in favour of substantive equality. The contradictions of anti-discrimination legislation thereby sustain in-equality while simultaneously espousing the rhetoric of equal-ity.

Description

Keywords

Equality, anti-discrimination legislation, neoliberalism, corporate power, positive action

Citation

Source

Law in Context

Type

Journal article

Book Title

Entity type

Access Statement

Open Access

License Rights

Creative Commons Attribution licence

DOI

10.26826/law-in-context.v37i2.149

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