Using Antidiscrimination Law to Protect Domestic Violence Victims

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July 20, 2012

Using Antidiscrimination Law to Protect Domestic Violence Victims

Belinda Smith (Sydney) & Tashina Orchiston (law student - Sydney) have just posted on SSRN their article (forthcoming Australian Journal of Labour Law) Domestic Violence Victims at Work: A Role for Anti-Discrimination Law?.? The downloadable article is an earlier version of the article that will be published this October.? Here's the abstract:

For victims of domestic violence it is increasingly recognised that financial security is critical to their safety and ability to escape a violent relationship. The majority of victims of domestic violence are engaged in paid work, but are often reluctant to disclose their status. This reluctance can persist even when the worker needs some workplace flexibility in order to navigate the criminal justice system, make housing and/or financial arrangements or access support services. Two possible reasons for non-disclosure are: a fear that the widespread negative attitudes about victims of domestic violence will impair relationships with their colleagues and managers; and a belief that they have no rights to workplace flexibility or adjustments to deal with their circumstances. In this paper we explore whether federal anti-discrimination laws could be used to address these twin concerns and promote normative and behavioural change. By recognising ?victims of domestic violence? as a vulnerable group warranting protection against discrimination in the workplace, anti-discrimination laws could empower these workers to disclose their status and even expect reasonable adjustments to enable them to maintain their employment.

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July 20, 2012 in Employment Discrimination | Permalink

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