› Unfavourable treatment test under Equal Opportunity Act 2010 (Vic) s 8(1)
Discrimination
› Sex discrimination
› Gender pay gap in employment
Discrimination
› Age discrimination
› Comments about youth as evidence of age-based treatment
Discrimination
› Systemic discrimination
› Unconscious bias and institutional conduct over extended period
Quick Take
1Under s 8(1) of the Equal Opportunity Act 2010 (Vic), the test for direct discrimination is whether the applicant was treated unfavourably — not whether she was treated less favourably than a comparator; treatment of others is relevant but not required, and assists where unfavourability is unclear.
2A complaint of systemic discrimination by a large organisation over many years cannot be reduced to the conscious motives of individual decision-makers; ss 8(2) and 10 of the EO Act permit findings of unintentional or unconscious discrimination, and expert evidence about structural inequality and documented bias effects (such as the 'pushy penalty') is admissible and may carry considerable weight in establishing causation.
3Repeatedly blocking an employee from even negotiating for an above-agreement salary — a benefit demonstrably available to other employees — constitutes unfavourable treatment and a detriment under s 18(d), and the protected attribute need only be a substantial reason, not the sole or dominant reason, for that treatment.
