Government figures put the current indigenous unemployment rate at around 23%, 3 times the unemployment rate for other Australians. This thesis aims to assess whether Australian indirect discrimination legislation can provide a remedy for one of the causes of indigenous unemployment - the systemic discrimination which can result from the mere operation of established procedures of recruitment and hiring. The impact of those practices on indigenous people is examined in the context of an analysis of anti-discrimination legislation and cases from all Australian jurisdictions from the time of the passing of the Racial Discrimination Act by the Commonwealth in 1975 to the present. The thesis finds a number of reasons why the legislation fails to provide equality of opportunity for indigenous people seeking to enter the workforce. In nearly all jurisdictions it is obscurely drafted, used mainly by educated middle class white women, and provides remedies which tend to be compensatory damages rather than change to recruitment policy. White dominance of the legal process has produced legislative and judicial definitions of "race" and "Aboriginality" which focus on biology rather than cultural difference. In the commissions and tribunals complaints of racial discrimination are often rejected on the grounds of being "vexatious" or "frivolous", not reaching the required standard of proof, or not showing a causal connection between race and the conduct complained of. In all jurisdictions the cornerstone of liability is whether a particular employment term, condition or practice is reasonable. The thesis evaluates the approaches taken by appellate courts, including the High Court, and concludes that there is a trend towards an interpretation of reasonableness which favours employer arguments such as economic rationalism, the maintenance of good industrial relations, managerial prerogative to hire and fire, and the protection of majority rights. The thesis recommends that separate, clearly drafted legislation should be passed to address indigenous disadvantage and that indigenous people should be involved in all stages of the process.

Resumé Equal treatment and non-discrimination are rules that are essential in international law, European law and national law. They are regulated in many international documents, in terms of European law, especially, in the regulations and directives. Czech Republic, as one of the member States of the European Union is obliged to ensure compliance of national law with European law. It was therefore necessary in order to ensure compliance with requirements of the EC / EU in the field of equal treatment and non-discrimination of employees that are regulated in anti-discrimination directives with our national law. This happened by adoption of Act No. 198/2009 Coll., Anti-Discrimination Act, which as a general law governing these principles. In my works I deal with treatment of these principles in the documents of international law and international organizations active in this area in the primary and secondary law of the EC/EU and also the current modification in our legal system. My work is divided into an introduction, six sections and a conclusion. The first part of my work deals with the basic concepts relevant to this area, such as equality, equal treatment, discrimination and its types, as direct or indirect, and others. In the second part I focused on the modification of the principle of equal...

Should a liberal state meet claims for accommodation of cultural difference with a liberal multicultural approach that grants cultural rights to minorities? The present thesis tries to answer this question by investigating if a liberal state may adopt a multicultural approach and still remain liberal. The purpose of the thesis, more specifically, is to study whether the accommodation of multiculturalism through cultural rights can be based on liberal values or not. The inquiry focuses on three influential liberal multicultural approaches which claim that cultural rights are congruent with equality, toleration and autonomy respectively. The coherence of these models is, however, questioned in the thesis. These models may neither be claimed to promote liberal values in a coherent and unambiguous way, nor be described as the adequate response to the type of burden of assimilation that members of minority cultures experience in liberal states. The main conclusion of the study is that liberal multiculturalism does not follow consistently from liberal premises and that the possibility of a normative conjunction between multiculturalism and liberalism therefore should be characterized as an open question in political theory. From liberal premises, a liberal neutralist model of integration based on anti-discrimination and equality of opportunity, in fact, still seems to be the most promising basis for a multicultural policy. It is argued in the thesis that this model can be developed if combined with a liberal scheme for deliberation on multicultural issues based on the principle of equality of opportunity.

Equal treatment and prohibition of discrimination in employment relations and social security systems in Czech and European law Abstract The dissertation deals with equal treatment and prohibition of discrimination in employment relations and social security systems in Czech and European law. In the introductory section the historical context of anchoring the principle of equality into the legal regulation is outlined. The attention is paid on one hand to the social changes in the first half of the 20th century, which led to the protection of equality in Europe, and on the other to the legislative initiatives and the role of justice in the second half of the 20th century. The second part explains the concepts of equality, discrimination, employment relations and social security systems, which are the central motifs of the dissertation. It analyses how these concepts were viewed in the past, how they evolved, and in what forms and manifestations we can come across them today. The third part introduces the Czech and European legislation, which constitute the current Anti-Discrimination law. Emphasis is placed on the assessment of the Czech Anti- Discrimination Act with regard to its almost ten years of effectiveness in the Czech legal order. The author concludes that despite the facts that the protection...

This doctoral thesis is at the intersection of law and technology by focusing on the ethical governance of private companies on the topic of discrimination. It centers on algorithmic and intentional discrimination. It aimed to determine whether the European Union and Federal USA law are equipped to address discrimination in the provision of work, goods, and services online. Through and extensive analyses of sources that included private company practices, private anti-discrimination policies, collective and private litigation, court decisions, public regulation at the EU, Member State levels, and United States, this thesis argued that statutory law and legal precedents in the European Union and United States are only partially equipped to address discrimination against statutorily protected classes. The author of this thesis inferred from the selected sources that the main obstacles to the full implementation of the equality principle rely on businesses' structural challenges, including aesthetic design, matching tools, evaluation systems, and network effect of online platforms that ultimately reinforce old biases against protected classes. Furthermore, rigid and more flexible regimes of liability immunities to online intermediaries results in the lack of incentive for structural changes. Finally, in the light of these structural challenges, this thesis asserts that the fight against discrimination in online platforms might produce the best results when also oriented by a model of regulation that encourages online platforms to implement the principle of transparency and fairness in their interactions with users, coupled with the cooperation of anti-discrimination bodies and private businesses. / Doctorat en Sciences juridiques / info:eu-repo/semantics/nonPublished

Disability Discrimination as a Specific Field of Anti-Discrimination Law? The aim of this thesis is to put together a complex material discussing disability discrimination from the perspective of anti-discrimination law. Firstly, however, it acquaints the reader with a broader theoretical context and therefore it briefly explains the concept of discrimination and its relationship to the constitutional value of equality. The question, which like a red thread meanders through the following chapters of the thesis, asks whether this type of discrimination is really so much different to deserve such a degree of special approach, which it receives from both the legislators and the judiciary. This thesis gradually collects findings and information so it could in the end at least indicate the answer to this umbrella question. For this purpose, it presents various models of thinking about disability, namely a medical model and a social model, which in many cases contradict each other. The thesis nevertheless tries to find an ideal combination of them. Furthermore it provides a detailed analysis of relevant legal and judicial definitions of disability as a concept of law, both at the level of international law as well as European and Czech law. Subsequently, it identifies specific characteristics of the...

This diploma thesis summarises current approaches to age management, or human resources management taking in account the age and skills of employees in the Czech Republic. The theoretical part of this paper deals with the background of this concept, describes the present demographical development, its consequences in the labour field, and the problem of aging population which is visible in the need to adapt applied management strategies in organisations to this trend. There are mentioned several programmes, thoughts, and legislative measures on which the newest concepts and strategic plans in Europe and the Czech Republic are based. The empirical part of the thesis focuses on a specific level of organisations, and consists of two surveys. The first one is a comparative case study for which data were collected in two organisations which have recently implemented measures stemming from age management strategies. These measures are then specified and confronted with the statements of the employees who, in semi-structured interviews with the author, talked about the changes that were put into practice under the concept of age management, and about the discrimination of persons over 50 years of age on the labour market. The second survey was carried out by a questionnaire distributed online to...

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