Class and Social Background Discrimination in the Modern Workplace: Mapping Inequality in the Digital Age

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Series page
Class and Social Background Discrimination in the Modern Workplace: Mapping Inequality in the Digital Age
Copyright information
Dedication
Table of Contents
Detailed Contents
About the Author
Acknowledgements
1 Class and Social Background Discrimination: An Introduction
	Introduction
	I. Theories of class
		A. Class as a gradational concept
			1. Class determined by occupation
		B. Class as a relational concept
			1. Marxist tradition: class shaped by relationship with means of production
			2. Weberian tradition: class shaped by level of market capacities
			3. Bourdieu: class shaped by reference to economic, social and cultural capital
	II. The problem of class and social background discrimination
		A. Are humans hardwired to discriminate based on class and social background?
			1. ‘In-group favouritism’ leads to discrimination against ‘out-group’ members
			2. Mental categorization into ‘in-groups’ and ‘out-groups’
		B. Social categorization, out-group discrimination and disadvantage based on Bourdieu’s species of capital: examples from Australia, Canada and South Africa
			1. Australia
			2. Canada
			3. South Africa
	III. A normative framework for understanding class and social background discrimination
		A. Substantive or formal equality, symmetry or asymmetry?
		B. Direct versus indirect discrimination
		C. Categorical frames of conceiving class and social background discrimination
			1. Intersectional discrimination
	Conclusion
2 Unravelling the Meaning of ‘Social Origin’ Discrimination in Conventions of the International Labour Organization (ILO) and its Applications in the Digital Age
	I. The ILO and ILO supervisory bodies
	II. The concept and scope of ‘discrimination’ in ILO jurisprudence
	III. ‘Social origin’ includes class and factors reflective of social background
		A. Class and social background discrimination at the single axis
			1. Class measured by economic, social and cultural capital
			2. ‘Social origin’ may include certain geographic origins or localities
			3. ‘Social origin’ reflected by home and family dynamics, certain relatives and family background
				(a) ‘Social origin’ reflected by home and family dynamics
				(b) ‘Social origin’ reflected by relatives (ancestors, parents and spouses) and family background
		B. The multiple additive nature of ‘social origin’ discrimination
		C. The intersectional nature of ‘social origin’ discrimination
		D. Applications in the digital age
	IV. The relevance of ILO jurisprudence to domestic contexts: ‘social origin’ in Australian and South African law should be interpreted consistently with the way the term is understood in ILO 111
		A. The relevance of ILO jurisprudence to understanding ‘social origin’ in Australian law
		B. The relevance of ILO jurisprudence to understanding ‘social origin’ in South African law
		C. The significance of ILO jurisprudence on ‘social origin’ in other countries
	Conclusion
3 Mapping the Legal Landscape in Australia, South Africa, Canada and New Zealand and its Applications in the Digital Age
	Introduction
	I. The Australian legal landscape and its applications in the digital age
		A. ‘Social origin’ discrimination
			1. ‘Adverse action’ and ‘termination of employment’ under the FW Act
			2. ‘Discrimination’ under the AHRC Act
				(a) The scope of ‘discrimination’ in the AHRC Act
			3. Judicial interpretations of the ground ‘social origin’ in Australian labour law
				(a) ‘Social origin’ includes class as measured by economic, social and cultural capital
				(b) ‘Social origin’ includes factors that reflect social background
			4. Applications in the digital age
				(a) Limitations of the FW Act and proposed law reform
		B. Association discrimination
		C. ‘Accommodation status’ discrimination
	II. The South African legal landscape and its applications in the digital age
		A. The South African legal framework: ‘social origin’ discrimination
			1. The prohibition on ‘social origin’ discrimination in the South African constitution
			2. The prohibition on ‘social origin’ discrimination in South African labour law
				(a) The scope of the protection from discrimination in employment based on ‘social origin’
		B. The meaning of ‘social origin’ in the Constitution, EEA and LRA
			1. Judicial interpretations of ‘social origin’ in the Bill of Rights
				(a) ‘Social origin’ refers to class and social position
			2. Judicial interpretations of ‘social origin’ in labour law legislation
				(a) ‘Social origin’ refers to class
		C. Applications in the digital age
	III. The Canadian legal landscape and its applications in the digital age
		A. Discrimination based on ‘social condition’
			1. ‘Social condition’ refers to class (as measured by Weberian market capacities)
				(a) The approach in New Brunswick
				(b) The approach in the Northwest Territories
				(c) The approach in Québec
				(d) Applications in the digital age
		B. Discrimination based on ‘family status’, ‘association’ and ‘family affiliation’
		C. Discrimination based on ‘social origin’
	IV. The legal landscape in New Zealand and its applications in the digital age
	Conclusion
4 Social Media in Recruitment, Hiring and Firing Decisions
	Introduction
	I. Cybervetting
		A. Cybervetting gives employers and recruiters access to the personal lives of candidates, including digitized indicators of class and social background
		B. Cybervetting may involve distinctions based on social capital, family and associations
		C. Cybervetting may involve distinctions based on cultural capital
		D. Cybervetting may involve or create risks of discrimination in international labour law, and the laws of Australia, South Africa, Canada and New Zealand
	II. Job advertisement targeting
		A. Facebook
		B. LinkedIn
		C. Risks of discrimination in Australian and South African law from job advertisement targeting
	III. Termination of employment for social media posts
	Conclusion
5 Automated Candidate Screening, Algorithms and Artificial Intelligence in Recruitment
	Introduction
	I. Contextual Recruitment Systems (CRS)
		A. Risks of ‘social origin’ discrimination from an employer’s use of CRS
		B. The use of the CRS may detrimentally affect those who face, or have faced, adversity
	II. ‘Hiretech’ and Asynchronous Video Interviewing (AVI)
		A. The use of AVI can disadvantage candidates from certain classes and social backgrounds
		B. Risks of ‘social origin’ discrimination from the use of AVI
	III. Gamification in recruitment
		A. Pymetrics games
		B. Gamification may disadvantage people with disability
		C. The ‘digital divide’: how gamification creates disadvantages at the convergence of disability, class and social background
		D. Risks of ‘social origin’ and disability discrimination from gamification
	Conclusion
6 Platform Work and the Post-Pandemic Shift to Remote Work
	Introduction
	I. Platform work and modern slavery in the digital age
		A. Using the prohibition on adverse action based on ‘social origin’ in the Australian FW Act to address modern slavery?
		B. Using the prohibition on ‘social condition’ discrimination in the Quebec Charter to address modern slavery?
	II. The post-pandemic shift to homeworking and remote work
		A. Intersectional disadvantages based on social origin, parental status or carer responsibilities, gender, age and disability
		B. Risks of ‘social origin’ and ‘accommodation status’ discrimination from remote and hybrid working models
	Conclusion
7 Making Future Workplaces Fairer and More Equitable
	Introduction
	I. Re-imagining the use and role of algorithms, AI and social media in recruitment
		A. Enhancing socio-economic diversity in workplaces without creating inequalities and risks of discrimination based on ‘social origin’
			1. CV de-identification and blind recruitment
			2. Bias training
			3. Targeted job advertisements
	II. Improving post-pandemic workplace design
	Conclusion
References
	International instruments
	Reports of ILO supervisory bodies
	Other ILO documents
	Legislation and bills: Australia
	Awards
	Government and legislative documents: Australia
	Other government documents: Australia
	Cases: Australia
	Legislation: South Africa
	Legislative documents: South Africa
	Cases: South Africa
	Legislation: Canada
	Human Rights Commission Guidelines: Canada
	Cases: Canada
	Books
	Book chapters
	Journal articles
	Handbooks, reports, papers, submissions and theses
	Surveys
	Reference materials
	Websites
Index