LAWFUL DISCRIMINATION – IS IT POSSIBLE?
Can you legally advertise for a particular person of a racial background, person with disability, a person of a particular sex or age?
Yes, you can, if it’s an ‘Identified Position’.
Identified positions help people who experience disadvantage to access equal opportunity in employment.
Identified positions can benefit employers by allowing them to hire a person with particular experiences and expertise, such as cultural knowledge.
Example: A community store servicing many Aboriginal and Torres Strait Islander people. The community store can advertise this as an identified position for an Aboriginal or Torres Strait Islander person.
A position identified for people of a particular age can be lawful if it provides a genuine benefit to people of that age.
Example: Advertising for someone aged between 18-25 to fit in with the Government’s Youth Boost program.
It can also be lawful to discriminate in order to achieve substantive equality between men and women, people of different marital status and between women who are or may become pregnant and women who are not.
A position identified for people of a particular racial background, such as Aboriginal or Torres Strait Islander people, can be lawful if it is taken for the sole purpose of advancement of a certain racial or ethnic group to ensure those individuals’ equal enjoyment of human rights.
Advertising for a Male or Female person only is permitted for Live-in jobs where sleeping accommodation is provided for one sex only and supplying separate accommodation would impose unjustifiable hardship on an employer.
Not sure how to advertise for Identified position?
Give Vlasta a call on 4050 3888 or email on firstname.lastname@example.org
Source: Australian Human Rights Commission