STEREOTYPING and DISCRIMINATION

1
STEREOTYPING and DISCRIMINATION

• STEREOTYPING
• can lead to
• PREJUDICE
• can lead to
• DISCRIMINATION

2
Discrimination
3
Grounds of Discrimination

• Sex
• Race or ethnicity
• Sexuality
• Age
• Disability
• Marital Status
• Pregnancy
• Religion
• Trade Union Membership

4
Definition of Discrimination

• In essence the definition of discrimination is
  that
• Someone is treated less favourably on one of the
  grounds
• Someone is made to suffer a detriment on one of
  the grounds

5
Federal Legislation

• Human Rights and Equal Opportunity Commission Act
  1986 right to complain
• Racial Discrimination Act 1975
• Sex Discrimination Act 1984
• Disability Discrimination Act 1992
• Latter three make discrimination unlawful

6
Federal Definition of Discrimination

• Any distinction, exclusion or preference made on
  the basis of race, colour, sex, religion,
  political opinion, national extraction or social
  origin that has the effect of nullifying or
  impairing equality of opportunity or treatment in
  employment or occupation

7
Forms of Harassment

• What forms of behaviour can harassment take?
• What forms of harassment might be particular to
  sport?

8
Main Categories of Harassment

• Sex
• Sexuality
• Religion
• Disability
• Race
• Other

9
Legislation on Harassment

• Federal
• Sex Discrimination Act 1984
• Disability Discrimination Act 1992
• Racial Discrimination Act 1975
• New South Wales
• Anti Discrimination Act 1977

10
WORKING DEFINITION OF HARASSMENT

• Harassment consists of offensive, abusive,
  belittling or threatening behaviour directed at a
  person or people because of a particular
  characteristic of that person or people
  (including the persons or peoples level of
  empowerment relative to the harasser) The
  behaviour must be unwelcome and the sort of
  behaviour a reasonable person would recognise as
  being unwelcome and likely to cause the person to
  feel offended, humiliated or intimidated.
• Whether or not the behaviour constitutes
  harassment is to be considered from the point of
  view of the person receiving the behaviour
• Definition from ASC Harassment Free Sport

11
DEFINITION of SEXUAL HARASSMENT

• Sexual harassment is
• any
• unwanted or
• unwelcome
• behaviour of a sexual nature.
• And
• It causes the person to feel
• offended
• humiliated or
• intimidated

12
The Principle of Natural Justice

• The idea of natural justice is shown in the
  rights of a person to a fair hearing of the facts
  before an independent, impartial court or
  tribunal, with any decision being based on
  consistent law applied without fear or favour.
  Natural justice requires that a person is
  protected from abuses of power by those in
  authority.
• The modern concept of natural justice involves
  a process where it is required there must be a
  fair hearing and procedural fairness.
• Fair Hearing The other party is entitled to
  put their case (audi alteram partem) and that
  they are entitled to have the matter determined
  by a fair tribunal (nemo debet esse judex in sua
  propia causa) Not only may no man be judge in
  his own cause but also justice should not only
  be done, but should manifestly and undoubtedly be
  seen to be done.
• Procedural Fairness procedural fairness
  follows the principle that actions taken are
  transparent and that there are in place proper
  complaint, grievance and appeal procedures and
  all are applied without fear or favour.

13
KEY ELEMENTS OF NATURAL JUSTICE

• The concept of natural justice is often heard
  when discussing harassment. It is usually seen as
  being particularly relevant to the person
  complained about, but is in fact relevant to all
  parties, as will be obvious from the guidelines
  below.
• People should know about decisions or judgements
  that effect them
• People cannot be decision-makers about matters
  which effect them
• Decision makers must act fairly, and without
  actual, or perceived bias
• All parties to a decision should be heard, and
  all relevant arguments considered before a
  decision is made
• People should have an opportunity to present
  their point of view before decisions are made
  affecting them
• People should have an opportunity to respond to
  any adverse material that will influence a
  decision affecting them.

14
VICARIOUS LIABILITY DUTY OF EMPLOYERS

• In some circumstances, under anti-discrimination
  legislation, employers can be held liable for
  wrongs committed by employees or volunteers in
  the course of carrying out their duties, even if
  there is no deliberate contribution to the
  wrongful act on the part of the employer.
• Employers and officials of sports clubs and
  organisations are responsible for taking all
  reasonable steps to ensure that, so far as
  practicable, harassment does not occur in their
  organisations.
• Employers and organisations that have shown that
  they take this responsibility seriously and
  unlikely to be found vicariously liable for the
  behaviour of an individual.