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Proving Discrimination: Addressing the Problem of Proof

Alysia Blackham

Federal Law Review2025https://doi.org/10.1017/fed.2025.10007article
ABDC A*
Weight
0.50

Abstract

Proof is a fundamental problem facing those who experience discrimination in the workplace. Statutory discrimination law in Australia typically relies on an individual claimant proving their case, without a shifting burden of proof. Using age discrimination as a lens to facilitate analysis, and drawing on innovative findings from a multi-year, mixed methods empirical study of the enforcement of age discrimination law in Australia and the UK, this article offers the first empirically-informed assessment of what difference a shifting burden of proof would make to Australian discrimination law. It argues that while a shifting burden of proof may be important in finely balanced cases, and should be adopted for that reason, it is insufficient to overcome the limits of individual enforcement, and the dramatic information disparities between workers and employers. It offers important additional strategies or tools that might also help address the problem of proof, to better advance equality.

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https://doi.org/https://doi.org/10.1017/fed.2025.10007

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@article{alysia2025,
  title        = {{Proving Discrimination: Addressing the Problem of Proof}},
  author       = {Alysia Blackham},
  journal      = {Federal Law Review},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.1017/fed.2025.10007},
}

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Proving Discrimination: Addressing the Problem of Proof

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Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.