Published online by Cambridge University Press: 23 January 2024
Introduction
This book has two aspects and aims. First, it aims to unravel the extent to which discrimination in employment based on class and factors reflective of social background is prohibited in Australia, South Africa, Canada and New Zealand, and key differences in the law of each of these jurisdictions. Second, it examines the application of the law to the use of new technology and practices, to expose how their use creates risks of this type of discrimination and to propose how these technologies and practices can be re-imagined to reduce these risks.
The first of the book's aims are achieved in Chapters 2 and 3. Chapter 2 considers whether, and the extent to which, discrimination based on class and factors reflective of social background is prohibited in international labour law as part of the prohibition on ‘social origin’ discrimination in conventions of the International Labour Organisation (‘ILO’). Chapter 3 then maps the legal frameworks in four common law countries (Australia, South Africa, Canada and New Zealand) to unravel the extent to which discrimination in employment based on class and factors reflective of social background is prohibited in these countries. The analysis in these chapters reveal that whilst ‘class’ and ‘social background’ are not expressly listed as grounds of discrimination in legislation within these jurisdictions, certain listed grounds are understood in terms of class and/or factors reflective of social background. This includes the grounds of ‘social origin’ in Australian and South African law, ‘social condition’ and ‘family status’ in laws within Canada, and ‘family status’ in New Zealand law, amongst other grounds.
The second of the book's aims are achieved in Chapters 4, 5, 6 and 7. Chapter 4 examines an employer's use of social media, such as for cybervetting, job advertisement targeting, and terminating an employee's employment for social media posts. Chapter 5 examines automated candidate screening technologies, such as the use of certain algorithms and AI in recruitment. Chapter 6 examines the changing nature of work in the digital age, including certain aspects of platform work in the ‘gig economy’ and the post-pandemic shift to remote working and homeworking. Chapters 4, 5 and 6 expose how all these practices create significant inequalities and opportunities for discrimination based on class and/or certain factors reflective of social background.
To save this book to your Kindle, first ensure no-reply@cambridge-org.demo.remotlog.com is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.