Robin Banks
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Research Topic: How can a psychological framework of prejudice and bias be used to strengthen discrimination law?
Discrimination law and concerns about its effectiveness
Discrimination law across Australia seeks to reduce or eliminate discrimination against people on the basis of identified personal characteristics. It does this through identifying that discrimination takes the form of ‘less favourable’ or ‘unfavourable’ treatment or rules that appear neutral but have the effect of disadvantaging people with particular personal characteristics. Despite recognition of the structural or systemic nature of much discrimination, the law relies almost entirely on individuals affected by it to pursue formal legal processes to establish their claim.
Evidence from 34 years of federal discrimination case law in Australia demonstrates that there are quite different levels of success for complainants in proving that the conduct they have experienced is in breach of one or other discrimination law.
Interestingly, complainant’s alleging sexual harassment have a significantly higher rate of success in court cases (almost 60%) than do people alleging race or disability discrimination (both around 25%).. They also have a higher rate of success than people alleging sex discrimination (just under 40%). This is despite concerns that sexual harassment claims are much more likely to depend on judgements of the credibility of the complainant. It may be relevant that sexual harassment is the only form of discrimination that uses a more detailed description of what might constitute this breach of discrimination law.
Identifying the key areas of social psychology research relevant to discrimination law
Psychology research into prejudice and discrimination dates back to before the development of formal prohibitions of discrimination in law. The breadth and depth of the psychological theory and empirical research has the potential to inform those with responsibilities under discrimination to determine what sort of conduct is unlawful. Despite this, there has been little translation of the psychological research and theory into discrimination law.
Key areas of psychological research identified as relevant to discrimination law include understandings of the patterns of prejudice and discrimination, including through the stereotype content model (Fiske et al.), heuristics and decision-making, assessment of harms caused by prejudice, and understanding why some people may be more likely to make a claim of discrimination or harassment than others. Through incorporating knowledge from these areas, discrimination law could be enhanced across the domains of legal interpretation, process, assessment of evidence, and assessment of damages.
About Robin Banks
Before I started my PhD candidature in February 2018, I was working in a range of capacities in Tasmania supporting community and grass-roots advocacy for human rights. I stepped down from the role of Tasmanian Anti-Discrimination Commissioner at the end of January 2017, having spent just over six and a half years in that role.
I grew up in Tasmania and returned to become the Commissioner. I have worked in government, private and not-for-profit legal roles, including as CEO of the Public Interest Advocacy Centre (NSW) and Director of the Public Interest Law Clearing House (NSW). I also had the formative opportunity of working for a year with the Canadian Human Rights Commission (1999-2000) as well as having practised as a lawyer then Senior Associate with the Sydney law firm, Henry Davis York (2000-2005).
I graduated with a Bachelor of Laws from the University of NSW in 1999. Before that I had worked in the community sector in the area of disability rights advocacy in particular in the Northern Territory and New South Wales, as well as social justice and legal rights more broadly in Victoria.
Through all these experience, particularly working on rights issues alongside people with disability, I have seen the promises and frustrations of the law as an agent for justice and social change. I am particularly interesting in challenging the law to be a more effective tool to respond to the injustice of prejudice and stigma.
Get in touch
Robin is very happy to discuss her research and is keen to collaborate with others in the work needed to achieve the promise of discrimination and equality law. Potential speaking topics include:
Discrimination law and concerns about its effectiveness
Discrimination law across Australia seeks to reduce or eliminate discrimination against people on the basis of identified personal characteristics. It does this through identifying that discrimination takes the form of ‘less favourable’ or ‘unfavourable’ treatment or rules that appear neutral but have the effect of disadvantaging people with particular personal characteristics. Despite recognition of the structural or systemic nature of much discrimination, the law relies almost entirely on individuals affected by it to pursue formal legal processes to establish their claim.
Evidence from 34 years of federal discrimination case law in Australia demonstrates that there are quite different levels of success for complainants in proving that the conduct they have experienced is in breach of one or other discrimination law.
Interestingly, complainant’s alleging sexual harassment have a significantly higher rate of success in court cases (almost 60%) than do people alleging race or disability discrimination (both around 25%).. They also have a higher rate of success than people alleging sex discrimination (just under 40%). This is despite concerns that sexual harassment claims are much more likely to depend on judgements of the credibility of the complainant. It may be relevant that sexual harassment is the only form of discrimination that uses a more detailed description of what might constitute this breach of discrimination law.
Identifying the key areas of social psychology research relevant to discrimination law
Psychology research into prejudice and discrimination dates back to before the development of formal prohibitions of discrimination in law. The breadth and depth of the psychological theory and empirical research has the potential to inform those with responsibilities under discrimination to determine what sort of conduct is unlawful. Despite this, there has been little translation of the psychological research and theory into discrimination law.
Key areas of psychological research identified as relevant to discrimination law include understandings of the patterns of prejudice and discrimination, including through the stereotype content model (Fiske et al.), heuristics and decision-making, assessment of harms caused by prejudice, and understanding why some people may be more likely to make a claim of discrimination or harassment than others. Through incorporating knowledge from these areas, discrimination law could be enhanced across the domains of legal interpretation, process, assessment of evidence, and assessment of damages.
About Robin Banks
Before I started my PhD candidature in February 2018, I was working in a range of capacities in Tasmania supporting community and grass-roots advocacy for human rights. I stepped down from the role of Tasmanian Anti-Discrimination Commissioner at the end of January 2017, having spent just over six and a half years in that role.
I grew up in Tasmania and returned to become the Commissioner. I have worked in government, private and not-for-profit legal roles, including as CEO of the Public Interest Advocacy Centre (NSW) and Director of the Public Interest Law Clearing House (NSW). I also had the formative opportunity of working for a year with the Canadian Human Rights Commission (1999-2000) as well as having practised as a lawyer then Senior Associate with the Sydney law firm, Henry Davis York (2000-2005).
I graduated with a Bachelor of Laws from the University of NSW in 1999. Before that I had worked in the community sector in the area of disability rights advocacy in particular in the Northern Territory and New South Wales, as well as social justice and legal rights more broadly in Victoria.
Through all these experience, particularly working on rights issues alongside people with disability, I have seen the promises and frustrations of the law as an agent for justice and social change. I am particularly interesting in challenging the law to be a more effective tool to respond to the injustice of prejudice and stigma.
Get in touch
Robin is very happy to discuss her research and is keen to collaborate with others in the work needed to achieve the promise of discrimination and equality law. Potential speaking topics include:
- Unconscious bias/Implicit awareness and organisational change
- Developing campaigns for social change
- The role of law (discrimination and human rights) in creating stronger and more inclusive communities and government programs
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