Introduction

The analysis of ILO jurisprudence in Chapter 2 revealed that discrimination in employment based on class and factors that reflect social background is prohibited as part of the prohibition on ‘social origin’ discrimination in ILO conventions, particularly ILO 111. It also highlighted that the ILO jurisprudence on ‘social origin’ examined in Chapter 2 can, and should, be used to aid the interpretation of the ground ‘social origin’ in the domestic laws of Australia and South Africa.

This chapter delves further into the analysis of domestic law, to explore whether and the extent to which discrimination based on class and factors reflective of social background is prohibited in four common law countries. Parts I and II map the legal landscapes in Australia and South Africa respectively, to clarify the concept of ‘social origin’ discrimination in the law of each country and whether this domestic jurisprudence is consistent with the ILO jurisprudence analysed in Chapter 2. The analysis in Part I also includes discussion of other listed grounds within state and/or territory anti-discrimination legislation in Australia. Part III maps the legal landscape in Canada, to clarify the concepts of ‘social condition’ and ‘family status’ discrimination. Finally, Part IV maps the legal landscape in New Zealand, to clarify the concept of ‘family status’ discrimination. The analysis in all four parts of this chapter will show that whilst ‘class’ and ‘social background’ are not listed as grounds of discrimination in legislation within these four countries, the listed grounds just mentioned reflect notions of class and/or factors that go to social background. The analysis will also direct attention to how the law in each country may have certain applications in the digital age.

I. The Australian legal landscape and its applications in the digital age

Part I of this chapter will map the legal landscape in Australia to explore the extent to which discrimination in employment based on class and/or factors reflective of social background is prohibited at the federal, state and territory level. Whilst discrimination based on ‘class’ and ‘social background’ are not expressly contained within legislation as grounds of discrimination, the below analysis will show that a number of listed grounds of discrimination either include or reflect class and/or factors reflective of social background. It will, further, outline how discrimination based on these grounds have particular applications in the digital age.