A reform agenda for federal discrimination laws December 2021 The economic and social imperatives for reforming discrimination law Successive Australian governments have recognised that there are significant economic and social imperatives that derive from federal discrimination laws.9 In its review of the Disability Discrimination Act in 2004, the Productivity Commission identified the main ways that the Disability Discrimination Act has ‘the potential to benefit the community in general’: First, reductions in discrimination can lead to an increase in the productive capacity of the economy. For example, reducing discrimination can enhance the participation and employment of people with disabilities in the workforce. In turn, better employment prospects can provide incentives to students with disabilities to improve their educational outcomes, making them more productive members of the community. Second, an effective DDA that improved the acceptance and integration of people with disabilities in society would benefit the community in less tangible but not less significant ways, by promoting greater trust and mutual cooperation.10 The Commission’s submission to the Attorney-General’s Department Discussion Paper on consolidation of discrimination laws in 2011 noted, in particular, In 2009 independent estimates indicated that closing the gender participation gap in employment would increase Australian GDP by 21%. While it is not claimed that the whole difference in participation rates is explained by discrimination, or that discrimination law alone is capable of closing this gap, substantial productivity and participation gains appear likely to be available through improved equity measures, including through reduction in sexual harassment and violence against women. The Commission considers that any regulatory impacts and resourcing issues arising in the context of measures for improved effectiveness of discrimination law should be assessed having regard to the potential for large scale economic and social benefits through such measures.11 In addition to the social and economic benefits from improving equality, there is also the question of the economic impacts of discrimination itself. In the Respect@Work inquiry, the Commission reported the findings of economic modelling as to the economic impact of workplace sexual harassment. In the report of Deloitte Access Economics, commissioned by the Australian Government Department of the Treasury, it estimated that the total financial cost of workplace sexual harassment to the Australian economy was $3.8 billion annually, noting that this was likely to be a ’conservative estimate’.12 FREE AND EQUAL An Australian Conversation on Human Rights 23