The Costs of Equal Opportunity

This article looks at recent and proposed changes to Commonwealth anti-discrimination laws. The proclaimed aim of the changes is to remedy the problem of lack of enforceability that has affected federal anti-discrimination laws since 1986. It will be argued that the changes may not reduce, and may instead increase, the already high barriers to bringing a successful claim of discrimination in the federal jurisdiction. As a result, complainants may be further deterred from pursuing claims under federal anti-discrimination laws. Claims may not be brought at all, or may be brought instead under State legislation. The overall effect may be a reduction rather than an improvement in legal protection against discrimination.