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ADC Annual Report 1999/2000

Indicative Complaints

Indicative complaints that the Commission has dealt with are:

Case Study 1: Parenthood

The Complainant was employed as a casual bar worker. She had been employed for about six years working an average of 18-20 hours per week. The Complainant learnt that her daughter had been sexually assaulted. She sought one weeks "compassionate leave" (totalling about six shifts).

On her return the Complainant was advised that her shifts would be taken by someone else. She stated she believed she was being sacked and this was not disputed. The next day the Complainant was contacted and offered one shift per week. A complaint of discrimination on the grounds of parenthood was made out.

Case Study 2: Smoking

(Impairment and Failure to Accommodate A Special Need)

A person who had a reaction to smoking experienced breathing difficulties, burning sensations in the throat and a shortness of breach each time they visited a shopping centre. Although the shopping centre displayed ‘no smoking’ signs at the entrance, smoking was still allowed in cafés located throughout the centre. The complainant wrote complaining to the Manager and provided a letter from their doctor explaining the condition and also stated that they were unable to continue shopping there because of their reaction to smoking. They did not receive a reply.

They then made an inquiry to the Commission, and lodged a complaint against the shopping centre management.

With conciliation, management agreed that they would include a ‘no smoking’ clause in all new leases. The management further agreed to provide extra signage and to continue support for a smoke free complex.

Case Study 3: Race

The Complainant was engaged to undertake some work. Her supervisor believed she had undertaken the work incorrectly and abused her in racial terms. A complaint was lodged with the Commission. The Complainant was advised that an isolated incidence of verbal abuse does not constitute discrimination under the Act. Her attention was drawn to the Racial Vilification provisions in Commonwealth legislation as perhaps providing a remedy.

Case Study 4: Impairment

A man, who presents with a slight limp from a previous injury, was successful in a job selection process that included a medical questionnaire. He mentioned in the questionnaire that, as a result of that injury, he negotiates stairs somewhat slower than the average person. As this did not impact on his ability to perform the requirements of the position effectively and efficiently, he was offered the job.

When he wished to establish whether the furniture would meet his needs, before starting the job, he received a letter rescinding the offer. This action was based on his medical condition which, the prospective employer said, he should have told them about before the interview. The matter was conciliated with an offer of compensation and the undertaking to attend training provided by the Commission.

Case Study 7: Marital Status/Parenthood

The Complainant was interviewed for a position. During the interview she was asked whether she was married and if so whether she had children. Comments were passed during the interview that the position involved a lot of travelling and that this would be difficult with young children. Other interviewees were not asked these questions. A member of the interview committee suggested the questions were inappropriate. After the Complainant left, the Chair of the interview committee advised the committee not to take matters relating to the applicant’s marital status or parenthood into account. The Complainant was unsuccessful. It was found that the Complainant had not discharged the onus of proving that the non-appointment was a result of her marital or parental status. However, the asking of the questions itself was found to constitute discrimination and an award of damages was made on this basis.

Case Study 8: Impairment/Failure to Accommodate a Special Need

A retail outlet had two steps that needed to be negotiated to gain access. The complainant was wheel chair bound. Originally the respondent suggested that wheel chair bound patrons would be assisted by staff to gain access to the premises if they contacted management beforehand. In conciliation, after a prima facie finding, negative to the Respondent, an agreement was reached to provide wheel chair access.

Case Study 9: Race

A group of Aboriginal people was hassled in a busy shopping area. They felt acutely embarrassed and humiliated by this treatment which singled them out from a much larger group of people, who were doing the same things in the same area. Other non Aboriginal people were not hassled. They lodged a complaint and the matter settled in conciliation for compensation for damages and an agreement to provide a training program for the employees working in the area, to prevent situations like these from happening again.

Enquiries

Categories Of Prohibited Conduct
1 July 1999 - 30 June 2000

Enquiries (Prohibited Conduct)

Areas Of Activities
1 July 1999 – 30 June 2000

Breakdown of Discrimination Enquiries Transactions

* ICR = Irrelevant Criminal Record
* IMR = Irrelevant Medical Record

By Areas by Percentage

Enquiries Transactions
1 July 1999 - 30 June 2000

By Prohibited Conduct

Comparison of Enquiries Received by Month and Year

Yearly Comparison of Enquiries Received

These figures relate to the particular year, they are not cumulative.

Formal Grounds/Complaints 1 July 1999 – 30 June 2000

By Prohibited Conduct

Complaints (Areas of Activities)
1 July 1999 – 30 June 2000

Formal Grounds/Complaints on Hand

Note: one ‘file’ may contain a number of different grounds of complaint.

Outcomes of Formal Complaints

Areas of Activities
1 July 1999 – 30 June 2000

Formal Complaints: Breakdown of Discrimination

*ICR – Irrelevant Criminal Record
*IMR – Irrelevant Medical Record

By Area by Percentage

By Percentage By Region

Respondents’ Profile By Percentage

Comparative – Enquiries Received

Comparative – Complaints Received

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