PPRuNe Forums - View Single Post - Jetstar Aiming for 50% Gender Spilt in Interview Candidates
Old 19th May 2016, 02:01
  #192 (permalink)  
das Uber Soldat
 
Join Date: Jan 2007
Location: Sydney
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For sure, JQ could seek an exception to bias employment of pilots towards women. The request would, however, need JQ to demonstrate a Genuine Occupational Requirement that pilots employed by the company be women. For example, if strength or stamina was an issue.
That's not how I read the law.

Jetstar doesn't need to seek an exemption. Under the Equal Opportunity Act 2010, exemptions are no longer needed in many situations as they were in the 1995 act – they are regarded as special measures.

Special measures

Under the Equal Opportunity Act 2010 people and organisations can take positive steps to help disadvantaged groups. These are called ‘special measures’ under the Act.

This means that it is not unlawful discrimination to take a special measure that promotes substantive equality for a group of people who have one (or more) protected characteristics, such as race, sex or disability.

This is one of the ways the Act promotes substantive equality.
Special measures are NOT limited to Government departments and Educational institutions. They are available to private companies too. Lets look at the legislation itself.

Special measures
(1) A person may take a special measure for the purpose of promoting or realising substantive equality for members of a group with a particular attribute.

Examples;
1 A company (Private, just like J*!) operates in an industry in which Aboriginal and Torres Strait Islanders are under-represented. The company develops a training program to increase employment opportunities in the company for Aboriginal and Torres Strait Islanders.
2 A swimming pool that is located in an area with a significant Muslim population holds women-only swimming sessions to enable Muslim women who cannot swim in mixed company to use the pool.
3 A person establishes a counselling service to provide counselling for gay men and lesbians who are victims of family violence, and whose needs are not met by general family violence counselling services.

(2) A person does not discriminate against another person by taking a special measure. s. 12
(3) A special measure must—
    (4) A measure is taken for the purpose set out in subsection (1) if it is taken—
      (5) A person who undertakes a special measure may impose reasonable restrictions on eligibility for the measure.
      I see nothing differentiating between a Universities ability to implement a special measure, and that of a private organization such as Jetstar. All they need to do is meet the burden listed in (2) and they're legal. If you believe this isn't the case, please cite the specific legislation.

      Women in aviation have suffered historical discrimination (nobody here will deny that), and are numerically under represented in the field. This absolutely is grounds for J* to implement a special measure.

      Further, I've asked about 30 times, all of you (2nd person plural) have simply skipped over it. Jetstar say they've been working hard for a year on adjusting the numerical balance of interview candidates and shortlist job positions. What are they actually doing? What evidence do you have for it?

      Last edited by das Uber Soldat; 19th May 2016 at 03:57.
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