Exemptions from discrimination laws page 1 of 2

16 articles are classified in All Articles > Discrimination and equity > Exemptions from discrimination laws


FWC backs Qantas grounding of over-age flight crew

The FWC has upheld the dismissal of two Qantas pilots unable to fly internationally after turning 65, drawing parallels with the tribunal's retirement policy while finding it might have been "considerate" to keep them in the departure lounge while they awaited a move to short-haul.

Bluescope wins discrimination exemption to drive gender equality

Steel giant Bluescope has won a three-year exemption to prioritise the recruitment of women at its Mornington Peninsula manufacturing facility, to address a persistent gender imbalance and an unequal distribution of "power, resources and opportunity" in its community.

Court halts "discriminatory" Qantas pilot retirement

A Qantas international captain, in a case with some echoes of the landmark Christie case, has won an interim injunction to restrain what he claims is a discriminatory decision to dismiss him because he has turned 65 and can't meet his job's inherent requirements.

Test case looms on mandatory vaccinations

In a case likely to be closely watched by employers considering mandatory coronavirus vaccinations, the FWC will probe whether Ozcare unfairly sacked a long serving care assistant who refused a compulsory flu shot on allergy grounds, while the Commission has also weighed-in on the contentious issue of compulsory jabs for Santas.

Treasury seeks to calm fears over JobMaker "bias"

Treasury officials have sought to reassure senators that if employers recruit and engage young workers under the Morrison Government's $4 billion JobMaker hiring credit scheme, they won't breach the Age Discrimination Act.

Full bench authority on inherent requirements "plainly wrong": Ross

An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".

Denying job to arthritis sufferer was adverse action: Court

A court has found the Federal Police took adverse action by refusing to employ a candidate because of his arthritis, but its refusal to reverse the decision after a review was lawful because it was based on the inherent requirements of the position.


Tribunal allows headhunter to offer women-only searches

Victoria's Civil and Administrative Tribunal has found an executive search company doesn't need an exemption from equal opportunity laws to conduct its female executive recruitment program, but has used its business as a case study, setting out the steps for other applicants to self-assess whether they are already exempt.