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"This law won't stop here"; novel unconscious bias ruling upheld

An employee's successful discrimination claim is likely the start of a new body of case law that will consider how unconscious bias affects workplace decision-making, a lawyer warns.

The case involved an orthotic and prosthetic department manager, who claimed Austin Health discriminated against her when it rebuffed her numerous requests to negotiate her salary, despite paying her less than her male subordinates.

The Victorian Civil and Administrative Tribunal rejected that the employer had subjected her to unfavourable treatment on the basis of her sex and age, but Supreme Court Justice Melinda Richards upheld her appeal and remitted the matter for reconsideration...

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