Employment Discrimination and the Law (7027.4)
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|View teaching periods|
|0.125||3||Faculty Of Business, Government & Law|
|Discipline||Study level||HECS Bands|
|Canberra Law School||Level 3 - Undergraduate Advanced Unit|| Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
Learning outcomes1. understand more about the nature and dynamics of Australian culture, particularly in relation to those of minority status - those who are most vulnerable to discrimination and harassment in the workplace;
2. what behaviours constitute discrimination and harassment; why they take place
3. the legal response including what has worked and what has not and an understanding of why;
4. an up-close look at discrimination and harassment on the grounds of sex, marital status, pregnancy, race, disability, sexuality and age; provision of skills to reduce discrimination and harassment in the workplace;
5. an improved capacity for employers to handle complaints internally and a realistic understanding of the legal options and other alternatives.
Graduate attributes1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. UC graduates are global citizens - communicate effectively in diverse cultural and social settings
2. UC graduates are global citizens - make creative use of technology in their learning and professional lives
2. UC graduates are global citizens - think globally about issues in their profession
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
Students will have been enabled to:
- Professionalism and Social Responsibility: Comprehend the relevant legal and other contextual issues which contribute to inequality under the law in order to be able to contribute to the betterment of others in their work lives.
- Problem solving: discuss the application of legislative provisions and case law in given hypothetical factual situations involving discrimination.
Problem solving: take a position discrimination in the workplace, making explicit and defending the values and policies relied on indicating an understanding of diversity
- Analysis and inquiry: understand how sex, race, sexuality and disability affect legal systems and practice; engage in critical analysis of the law identifying differences for minority groups and means of redressing discrimination; Ability to be creative in their thinking and writing.
- Reflective practice: Ability to question the orthodox and conservative view of law
- Communication: they will be able to undertake legal research, oral presentation and writing, including the ability to synopsise
PrerequisitesLaw and Society OR Legal Systems
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These are either posted as PDFs on the Canvas site or the links to the readings are provided on the Canvas site.
Additional readings for bonus points
Students should consult indexes of journal articles such as AGIS, APAIS, CINCH and other online databases such as google scholar for relevant articles.
Submission of assessment items
Extensions & Late submissions
There are no late submissions unless you have a medical certificate.
Special assessment requirements
Refer to the UC Supplementary Assessment Policy
Students have a responsibility to uphold University standards on ethical scholarship. Good scholarship involves building on the work of others and use of others' work must be acknowledged with proper attribution made. Cheating, plagiarism, and falsification of data are dishonest practices that contravene academic values. Refer to the University's Student Charter for more information.
To enhance understanding of academic integrity, all students are expected to complete the Academic Integrity Module (AIM) at least once during their course of study. You can access this module within UCLearn (Canvas) through the 'Academic Integrity and Avoiding Plagiarism' link in the Study Help site.
Use of Text-Matching Software
The University of Canberra uses text-matching software to help students and staff reduce plagiarism and improve understanding of academic integrity. The software matches submitted text in student assignments against material from various sources: the internet, published books and journals, and previously submitted student texts.
Details of assessments
When is each submission due?
Due : Each week the response is due by 11:59 pm of the Sunday ending the week; for example, Week 1 buzz is due by 11:59 pm Sunday 18 February. However if you wait until late night on Sunday to submit you will not have the opportunity to engage in discussion since you cannot see others’ posts until you submit your own.
What should a Buzz submission show?
Buzz responses should reflect your knowledge derived from required readings, Videocasts, PowerPoints, your online buzz discussions, life, your experiences and your THINKING! PLUS you can do additional reading/research. If you are trying for a high grade then recommend extra reading. Always AGLC3 cite your sources – even if they are the PowerPoint! Footnote the videos and the text to show that you watched and read. Footnote additional research for bonus points and show some original thinking! To footnote a videocast, you footnote: week 7, Judd videocast. Or a Powerpoint slide – eg. Week 7 PowerPoint slide 4, K. Judd. A buzz response is not supposed to exceed 500 words. However this does not include footnotes. In addition to using footnotes to reference readings and videocasts, you can make substantive footnotes –
providing statistics, examples, ideas etc in footnotes. In this subject then, students are encouraged to use footnotes not only for referencing but also substantively - to add additional facts, ideas and examples. Remember 2 things though: 1. The argument/response should be capable of standing alone in the text; and 2. Other law convenors
do NOT allow substantive footnotes so please do not use them in other subjects without first discussing with the convenor. Your work must be original – in other words, you cannot hand in the same responses as other students although you certainly can work together.
How do you footnote using the Buzz forum on Canvas?
You draft your weekly submission in a Word document and use footnotes. Then copy and paste the entire document into the Canvas Buzz for the week.
What is plagiarism?
Plagiarism includes copying and pasting and referencing lines/sections off of the internet. Providing the source (reference with a footnote) is not enough. That is plagiarism. You must
provide the reference PLUS put into your own words or ‘put into quotation marks.’ Note that convenors have no discretion. If possible plagiarism is identified, the assignment MUST be turned in to the Associate Dean (Education).
Are there extensions for weekly buzz submissions?
There are NO extensions because you have a week to answer the buzz question and these weekly contributions are part of formative assessment and due dates cannot be extended without harming the value of this form of assessment to others in the unit.
How are the Buzz submissions marked?
Each buzz submission will be assessed out of 100 against the following criteria:
1. Demonstrates ability to use correct grammar, spelling and effective expression.
2. Includes an effective introduction (with methods section where relevant)
3. Includes an effective conclusion
4. Uses an appropriate and clear structure (including sub-headings)
5. Uses quotations effectively (quotations are relevant and not over-used)
6. Keeps the reader’s interest.
1. Demonstrates understanding of relevant law and cases.
2. Demonstrates understanding of relevant theory and other literature
3. Develops a clear and convincing (contextual) holistic presentation
4. In “judgments” and client advice, ensures that facts and outcomes are correlated.
5. Covers the topic appropriately
6. Uses appropriate illustrations/examples
7. Develops original arguments/offers an original insight
8. Makes own values and assumptions clear
9. Is explicit about the theoretical underpinnings of arguments
10. Shows that you are thinking.
11. Does not exceed the maximum length (by too much): 500 words PLUS footnotes. Note again as stated above, footnotes can be a useful place to add case examples, thoughts and additional ideas.
1. Uses basic sources. Cites relevant Videocast and PowerPoint material and required readings.
2. Finds other sources – preferably Australian as the focus of your post is some aspect of Australian employment discrimination and the law
3. Consistent footnoting
4. Demonstrates initiative in research
All students are encouraged to participate in Coffee Chat or large subject Discussion.
You do not have to start a topic thread – considered replies are also appreciated! These are ways of improving your learning experience and avoid feeling isolated in an online subject. Your participation will be noted throughout the semester and may prove important if your final mark is on the cusp of
two grades. Note though that these should be relevant to the topics that we are covering. Week 7 for instance we look at sexual harassment so week 7 would be the best week to post news articles or other relevant ‘stories’ about sexual harassment.
Students need to contribute to the 12 online weekly buzz groups and post on Coffee Chat.
Required IT skills
Work placement, internships or practicums