VCAT confirms recruiters can compile women only shortlists for senior roles

In a recent Victorian Civil and Administrative Tribunal (VCAT)* case, an application for an exemption under section 89 of the Equal Opportunity Act 2010 (Vic) (EO Act) to allow the applicant to target and select women only in short lists prepared by the applicant for presentation to employers who seek to employ a person in a leadership, management, executive or board level role (the conduct) was rejected, not because it is prohibited conduct, but because the conduct is already allowed as a “special measure” within the meaning of section 12 of the EO Act.

Section 12 of the EO Act states “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”. Great. I want to see more red-headed company directors, but I digress…

Decision HERE.

About Nicholas Weston IP Lawyers

We understand the digital economy and apply an approach that integrates digital with legal solutions. The integration of practical legal and digital solutions is applied to all cases and projects, whether for a portfolio or a unique case, giving us an ability to anticipate probable outcomes and guide you through the options, as we have for many others, hundreds of times previously.