Harassment and Vilification
In addition to prohibiting direct and indirect discrimination, discrimination laws routinely also prohibit harassment and vilification, which each entail very different tests and requirements.
Harassment
Belinda Smith, ‘Respect@Work Amendments: A Positive Reframing of Australia’s Sexual Harassment Laws’ (2023) 36 Australian Journal of Labour Law 145
Elizabeth Shi and Freeman Zhong, 'Addressing Sexual Harassment Law's Inadequacies in Altering Behaviour and Preventing Harm: A Structural Approach' (2020) 43(1) UNSW Law Journal 155
Belinda Smith, Melanie Schleiger and Liam Elphick, 'Preventing Sexual Harassment in Work: Exploring the Promise of Work Health and Safety Laws' (2019) 32(2) Australian Journal of Labour Law 219.
Karen O’Connell, ‘The #MeToo Movement in Australia: Silenced by Defamation and Disbelief’ in Ann Noel and David Oppenheimer (eds), The Global #Metoo Movement: How Social Media Propelled A Historic Movement and The Law Responded (Full Court Press, 2020, pp.259–268)
Karen O'Connell, 'Can Law Address Intersectional Sexual Harassment? The Case of Claimants with Personality Disorders' (2019) 8(4) Laws 34.
Karen O'Connell, 'Geoffrey Rush’s victory in his defamation case could have a chilling effect on the #MeToo movement', The Conversation (online at 11 April 2019).
Karen O'Connell, 'Sexual harassment is too much – and not enough – about sex', The Conversation (online at 26 March 2018).
Margaret Thornton, ‘Sexual Harassment losing Sight of Sex Discrimination’ (2002) 26 Melbourne University Law Rev 422.
Vilification
Bill Swannie, 'Liability for racially offensive remarks' (2019) Law Institute Journal 38.
Liam Elphick, ‘Why Victoria’s new anti-vilification bill strikes the right balance in targeting online abuse’, The Conversation (online at 11 September 2019).
Bill Swannie, 'Are Racial Vilification Laws Supported by Free Speech Arguments?' (2018) 44(1) Monash University Law Review 71.