Anti‐discrimination legislation in Australia: fair, effective, efficient or irrelevant?

Abstract

Anti‐discrimination legislation continues to be used as a social and labour market mechanism yet the results of Australian telephone surveys of randomly selected employers and job applicants indicate that discrimination in the recruitment and selection process is flourishing despite such legislation. Only limited support for the neo‐classical economists’ concern that anti‐discrimination legislation creates additional costs and inefficiencies was found. The role of the legislation in creating more effective selections was not strongly supported either, but about half of both employers and job applicants thought that the legislation was fair. A more proactive approach is needed if illegal discrimination in the recruitment and selection process is to be minimised; anti‐discrimination legislation, without exposure of research findings and active monitoring of human resource practices, is insufficient.