Indirect discrimination and the worker-carer: It's just not working

Although initially Australia saw some high-profile successes in antidiscrimination cases for workers with family responsibilities, recent trends in appellate decisions such as Schou suggest that indirect discrimination concepts do not succeed for workers with family responsibilities. The limitations of an individual complaint model to address systemic disadvantage such as that experienced by ‘workercarers’ is simply in too much tension with entrenched expectations surrounding the contract of employment and the ‘ideal’ or ‘unencumbered’ worker. A re-imagining of the employment relationship and the role of the employer will be necessary to achieve substantive equality for workers with family responsibilities.