Issues in Racial Discrimination: Case Study in Australia

This report delves into the pervasive issue of racial discrimination in contemporary Australian society, focusing on the multifaceted relationship between businesses, government, and societal attitudes. The report begins by outlining various perspectives on racial discrimination in Australia, highlighting its impact on different segments of the population, particularly children and teenagers. It then presents a detailed analysis of a landmark case where an employer was penalized for racially discriminatory practices in the workplace, offering insights into the actions taken by the government, society, and businesses in response. The report critically reviews this case, examining the legal and ethical implications of the employer's actions and the broader societal impact. The conclusion emphasizes the ongoing challenges of racial discrimination in Australia, the absence of a human rights act, and the importance of legal interventions to protect minority and indigenous communities. The report also provides a brief overview of how the Fair Work Ombudsman has taken a step to reduce racial discrimination in Australia.

Researching and Analyzing Issues in
the Relationship between B, S & G in
Contemporary Society

Table of Contents
MAIN BODY...................................................................................................................................1
1. VIEWS PRESENTED ON RACIAL DISCRIMINATION IN AUSTRALIA..................1
2. ORIGINAL CASE LAW AND ACTIONS TAKEN BY BUSINESS, GOVERNMENT
SOCIETY...............................................................................................................................2
3. CRITICAL REVIEW OF THE CASE...............................................................................3
4. CONCLUSION..................................................................................................................3
REFERENCES................................................................................................................................5

MAIN BODY
1. VIEWS PRESENTED ON RACIAL DISCRIMINATION IN AUSTRALIA
Racial discrimination is still one of the major discrimination faced by people living in the
society and at the workplace and most importantly there is no legal law for human rights in
Australia. The study is bases on the racial discrimination in Australia and its various impact in
different section of the society as on their health and wellbing:
Racism is defined in Impact_of_Racism_FYA_report as global phenomenon with a
multiplicity of changing its form (Impact_of_Racism_FYA_report, 2018). As per the writes of
this report this can be defined as an accumulated and often contradictory set of assumption in the
mind of people for the others in the society in which they live. This can be further be clearly
understood with the definition given in the article 'The impact of racial discrimination on the
health of Australian Indigenous children' as a unique treatment which Is faced by minority and
native people effecting their mental and physical health. Major consequences at Internationale
level have been on the age group of 5-10 and for age group of 11-14 racial discrimination results
in developments of mental and health disparities (Mental health impacts of racial discrimination
in Australian culturally and linguistically diverse communities: a cross-sectional survey, 2018).
This article mainly focuses on the racial discrimination in Australian and its impact on children
as that also a part of society and not many have focused on this section of the society.
Racial discrimination means denying those from racial and ethnic minority backgrounds
to use and access rights such participation in free community and public life and services, to
have equal service provisions and freedom for violence. People who belong to racial minority
community often faces violence against them. These people generally encounters with physical
and mental health as well. The adults and elderly people can cope with the mental torture but the
main issued is with the children or teenager, this discrimination effect their physical and mental
growth and they face many mental disturbances at very young age.
As per the article 'Mental health impacts of racial discrimination in Australian culturally
and linguistically diverse communities: a cross-sectional survey' this can be stated that education,
religion visibilirty andf rurality all are assocaited signufucantly wuiith duffercebnce in the
frequebncy of facing reacil discriminqation. This means mental heralth is effected vary badlly fo
those who are victim of racal discremuination.
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Post 9/11 incidentt the panic have been imance and with that racial discrinimation was on
a peak as not one was ready to trust outsiders. Research has found that racism has a negative
impact upon the settlement and transition of migrants and adversly affect their self-esteem, self-
confidence, and belonging to the broader community (The impact of racial discrimination on the
health of Australian Indigenous children aged 5–10 years, 2018). In the article it has been
penned down that in Autralia the condituiion of migrat in notsafe til the time as local people
lacks an ability of welcoming peole from other countrier habing differnt believes and social
brackground.
Every article taken in this report end with a view that with facing racial discrimination
the mental physical health of peoples are effective adversely (Ferdinand, Paradies & Kelaher,
2015). Children are too naive to understand all these and they are ones who gets affected with
discrimination mostly. More frequently exposure to this type of racial discrimination and
violence against them can lead to the fact that either they can lose their mental stability of they
can indulge in criminal activities out of rage.
With no legislation on human rights Australia lacks in providing equal rights to every
person living in Australia irrespective of their nationality. To tackle and reduce racism in the
nation more significant measure are required to be employed in order to protect the one who are
unknown about the facts of discrimination.
2. ORIGINAL CASE LAW AND ACTIONS TAKEN BY BUSINESS, GOVERNMENT
SOCIETY
The case taken in present report is a fresh case which was decided in May 2018. This
case made a history In Australian discrimination judgment as in this case for the first time an
employer was penalized for treating his employees differently on the basis of racial
discrimination.
This case was served under Fair Work Ombudsman, Natalie James. She said that it was
the first time regulators have taker an action against an employee for treating differently his
employees on the basis of racial discrimination.
Action taken by the government: In its case the fair work ombudsman passed a
judgment against the employer who underpaid their employees for a prison of 7 years be caused
they were from Malaysia and of chines decent (Bielefeld & Altman, 2015). Though, at first the
case decision was rejected by Federal Circuit Court but the FWO put an averment that the
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employer regard the victim as family pressurized them to work more on lower wages . They
were even not paid basic wages as per Australian law which is a right of every person working in
Australia. With this the government made it clear that in no one will be speared for a wrongful
act against another person and Australian law has that much power to protect interest and rights
of a person living here.
Action taken by society: with finalization of this case and imposition of a penalty of
more than $200000 a clear massage to the society was given that the time has come that
discrimination will no more be entertained and action will be taken. Social welfare communities
also took action to reduces discrimination minority communities, the another factory which was
seen a boost in moral and confidence specially in teenagers, who were victims of racial
discrimination.
Action taken by businesses: with passing of this act one thing was made loud and clear
that on more workplace discrimination on the basis of a race of an employee will be entertained
and strict action will be taken against any person involved in such discrimination (Nelson and
et.al., 2015). The employers made regulation and follow all the rules that are made to protect
interest and against discrimination. They made sure that interest add rights of people belonging
to minority and indigenous community must be protected at their workplace. The protection is
from the employers as well as from the co-workers.
3. CRITICAL REVIEW OF THE CASE
Case:
Defendant: Mr Chang, Former employee of Tasmanian of Scamander beach resort hotel.
Victim of racial discrimination: Kien hoong loh and his wife kah yoon low.
Fact related with case:
The operator of the hotel breached the racial discrimination of the Fair works Act with a
different treatment of Malaysian husband and wife. The couple were from Chinese descent and
they were underpaid by employer for 7 years. They were hired in 2007 through as newspaper
advertisement and till 2014 they were underpaid for an amount of $28000. The couple was
underpaid for overtime and late working hours in the hotel.
The employer underpaid both husband and wife because they were from china and
belonged to a different community(Hotel owner cops $200k fine for racial discrimination, 2018).
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The employer used to make them work for 37-57 hours per week which was more than any
Australian employee working in the hotel.
It was stated by the Natalie James that:
 All workers in Australia are entitled to our minimum wages, irrespective of their
background, language skills or visa status.
 Employer knew that all staff were lawfully entitled to minimum award pay rates
but chose to pay the Malaysian couple significantly less than Australian staff
because of their race, which is unlawful and completely unacceptable. The
employer were charged with a penalty of $211104 which includes $35,099 on
Mr Chang and $176,005 on Yenida who was employer in the hotel.
Review on the case:
The fact in this case can be seen as the Malaysian couple with a Chinese descent was
under paid by the employer it ac a clear case of racial discrimination. The perception of the
employer would have been that they do not belong to our community and they are outsiders so
they do not know about the legal acts and the minimum wadges that are entitled to.
Another fact that was determined in this case was that the FWO took into account this
case and passed historical decision and penalized by the employer for their unlawful and
acceptable act. The act of the employer clearly falls in the category of discrimination at work
place regarding the race of the employee. The discrimination her can be seen precisely related
with belonging to a different nation and having different beliefs, the discrimination was not
related with the skin colour as this is also one of the factor of discrimination in Australia.
Sometime out of rage this discriminating acts turns into occurrence of heinous crime.
The fact was established in this case is that in Australia strict action against
discrimination at workplace will be taken and in future sch act can also rest in more penalties
even in the prosecution of the discriminator.
It was made clear for the employer to follow their legal obligations and ensuring that they
do not get accused of discrimination. The employer must abide by the anti discrimination
legislation, paying wages to employees of which they are entitled to.
4. CONCLUSION
From the above report it can be concluded that racial discrimination is still a major
problem faced in Australia by those who belong to minority and different community and those
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who belong to a different nation and living in Australia for a purpose that can be education,
profession, treatment etc. from discussing the various article on racial discrimination in first part
of this report it can be determined that by facing all this discrimination most effected group was
the children and the teenagers. They are just the victim of discrimination in which they are not
allowed to access somewhere can not take participation in certain activities because of their
backgrounds. Another major problem faced by them is violence in name of discrimination. All
these factor together effect their mental and physical health, physically scares do heal with one
can not be sure about the mental torture and trauma faced. The fact determined with presenting
views from different articles is that Australia do not have a legitimate act for human rights. This
is Major drawback for Australia as people living their do not have any legal rights to protect their
personal and social interest.
For the case of workplace discrimination at Tasmanian hotel it can be stated that it was
the first case in the Australian history that an employer was charged for racial discrimination at
the workplace and the penalty chargers were also very high. This can be treated a marked as a
historical judgment and starting of a new era as with this the Fair work Ombudsmen is being
highlighted as for the first time it has used powers and authorities empowered to it.
With this it can finally be articulated for the present report on racial discrimination is still
prevailing in Australia and with no legal human rights' act it is difficult for victim to determine
the basic rights to live in the Nation without being bullied and tortured on basis of racial
discrimination. The fact can not be dined that the Australian (FWO) has taken a step further to
protect minority and indigenous people from the racial discrimination as public ass well as at
workplace (Hotel operators fined for workplace racial discrimination, 2018). This can be stated
with this surety as for the case mention in this report it was for vary first time that an employer
was charged against racial discrimination if his employee and heavily penalized for $211104,
which not a small amount. This case highlighted the fact that people do have a right to protect
their interest in Australian courts and law.
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REFERENCES
Books and Journals
Bielefeld, S., & Altman, J. (2015). Australia's First Peoples–Still Struggling for Protection
Against Racial Discrimination.
Ferdinand, A. S., Paradies, Y., & Kelaher, M. (2015). Mental health impacts of racial
discrimination in Australian culturally and linguistically diverse communities: a cross-
sectional survey. BMC public health.15(1). 401.
Nelson, J and et.al., (2015). Ethnic discrimination in private rental housing markets in
Australia. Housing in 21st-Century Australia: People, Practices and Policies. 39-56.
Online
Impact_of_Racism_FYA_report. 2018. [Pdf]. Available through
:<https://www.fya.org.au/app/theme/default/design/assets/publications/
Impact_of_Racism_FYA_report.pdf>.
Mental health impacts of racial discrimination in Australian culturally and linguistically diverse
communities: a cross-sectional survey. 2018. [Online]. Available through
:<https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-015-1661-1>.
The impact of racial discrimination on the health of Australian Indigenous children aged 5–10
years. 2018. [Pdf]. Available through
:<https://pdfs.semanticscholar.org/6ef6/6bdc34cebcf0bb4ad04e3f5549ba881181b7.pdf>.
Hotel owner cops $200k fine for racial discrimination. 2018. [Online]. Available
through :<https://www.sbs.com.au/yourlanguage/korean/en/article/2018/05/29/hotel-
owner-cops-200k-fine-racial-discrimination>.
Hotel operators fined for workplace racial discrimination. 2018. [Online]. Available
through :<https://www.theaustralian.com.au/news/nation/hotel-operators-fined-for-
workplace-racial-discrimination/news-story/6d07785b5f086c60a4138bb3fbbd4705>.
. 2018. [Online]. Available through :<>.
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