Skip to main content
Unit of study_

LAWS6039: Discrimination in the Workplace

Semester 2b, 2022 [Block mode] - Camperdown/Darlington, Sydney

In this unit we examine the nature of discrimination in the workplace and the legal response to it in Australia. We start by considering the theoretical perspectives on equality that underpin our legislation and ideas about effective regulation. We then examine how anti-discrimination law is applied in respect of a number of different grounds of discrimination - such as sex, race, disability, and family responsibilities - reviewing recent cases and current issues. We will also discuss enforcement mechanisms and processes under anti-discrimination legislation and what, if any, effect the legislation has had on workplace processes and culture. While NSW law will be considered, the focus will be on federal legislation, looking at anti-discrimination laws, anti-discrimination provisions in the Fair Work Act 2009 (Cth), and the Workplace Gender Equality Act 2012 (Cth).

Unit details and rules

Unit code LAWS6039
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Belinda Smith, belinda.smith@sydney.edu.au
Type Description Weight Due Length
Participation Class participation
Class participation
10% Ongoing Ongoing
Outcomes assessed: LO5 LO4 LO3 LO2 LO1
Assignment Problem Questions
Problem Questions
35% Week 07
Due date: 18 Sep 2022 at 11:59

Closing date: 22 Sep 2022
2500 words / 8 days
Outcomes assessed: LO1 LO2 LO5
Assignment Research Essay
Research essay
55% Week 12
Due date: 24 Oct 2022 at 11:59

Closing date: 14 Nov 2022
4500 words / 45 days
Outcomes assessed: LO1 LO2 LO3 LO4 LO5

Assessment summary

There are three assessment components: 

Class participation 10% – students are required to participate in whole of class and small group discussions, demonstrating that they have prepared for class (by reading the required readings and reflecting on the reading questions) and engaging in discussion in constructive and respectful way. Students will be required to nominate 2-3 classes in which they will be ‘on call’, so as to ensure all students have at least 2-3 opportunities across the course to be called upon to respond to the reading/discussion questions providing in the reading guide and to help facilitate class and small group discussions. 

Written assignment – problem questions 35% 2500 words (including headings, footnotes, bibliography etc):  Students will be asked to provide a legal advice in response to a problem scenario.  The questions will be released on Canvas on  10 September at 5pm and will be due on 18 September 11:59pm. The outcome of a successful Special Consideration application prior to the closing date is an extension.  Special consideration after that date may be an alternative assessment.

Research Essay 55% 4500 words (including headings, footnotes, bibliography etc): Students can choose from a number of essay questions that will be released on Canvas on 9 September.  The essay is due on 24 October 11:59pm. The outcome of a successful special consideration application prior to the closing date is an extension.  Special consideration after that date may be an alternative assessment. 

Assessment requirement to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

For more information see sydney.edu.au/students/guide-to-grades.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 12:00 midnight on the day of submission and before 11:59pm on the following day will attract a 10% penalty. A submission after midnight of the day following the due date for submission will attract a 20% penalty.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Multiple weeks Two sample attributes - definitions, prohibitions and exceptions Seminar (9 hr) LO1 LO2 LO4 LO5
Week 05 Introduction - overview Seminar (2 hr) LO5
Week 06 Equality theory and regulatory frameworks Seminar (6 hr) LO1 LO2 LO4 LO5
Direct and Indirect discrimination Seminar (3 hr) LO1 LO5
Week 08 Anti-discrimination law dispute resolution and enforcement Seminar (3 hr) LO2 LO3 LO4 LO5
Fair Work Act - general protections and enforcement Seminar (3 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. In exceptional circumstances of serious illness, injury or misadventure, the Unit Coordinator may reduce or waive this requirement subject to the student meeting all assessment requirements and providing satisfactory supporting documentation. 

Word count penalty:  a written assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for that assessment for every 100 words, or part thereof. 

Referencing guide:  The style guide for referencing sources is the most recent version of the Australian Guide to Legal Citation (4th edition, 2018).

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

  • Reading materials available through Canvas
  • Australian Human Rights Commission, Federal Discrimination Law 2016, available via Austlii or the AHRC site
  • Legislation and caselaw are available on-line
  • All other readings for this unit can be accessed through the Library eReserve, available on Canvas. 

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. identify different types of discrimination in the workplace, including direct, indirect and harassment, in respect of different attributes such as race, sex and disability.
  • LO2. accurately describe and apply three different types of law that apply to discrimination in the workplace: anti-discrimination laws, the Fair Work Act 2009 (Cth) and the Workplace Gender Equality Act 2012 (Cth).
  • LO3. understand the process for resolving discrimination claims, the possible outcomes and limitations.
  • LO4. accurately describe and critically evaluate the regulatory approaches underpinning the three different types of law designed to address discrimination in the workplace.
  • LO5. effectively communicate orally and in writing

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

The course has been changed to suit face to face teaching and updated.

Word count penalty:  a written assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for that assessment for every 100 words, or part thereof. 

Referencing guide:  The style guide for referencing sources is the most recent version of the Australian Guide to Legal Citation (4th edition, 2018).

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.