Remedying Discrimination by Court Order and Agreement: A Case Study of Queensland

Abstract

Although the vast majority of discrimination complaints are settled outside the court system, very little is known about what they are settled for or how discrimination is being remedied in society. Drawing on settlements from the Queensland Anti-Discrimination Commission and the Anti-Discrimination Tribunal and decided cases, this paper compares the outcomes parties obtain at settlement with remedies awarded by the tribunal. The study explores the differences between what complainants negotiate prior to hearing compared to what they are likely to be awarded if their complaint is successful. The study shows that while complainants receive lower levels of compensation at conciliation than the tribunal generally awards, they are far more likely to negotiate other terms of settlement, such as an apology, training or changes to policies and procedures, at conciliation. Complainants with a complaint that affects similarly situated individuals can negotiate a wider, systemic remedy early in the process, whereas the tribunal predominantly remedies discrimination with compensation.