Work experience provided the following year

Transcription

1 Outcomes of Conciliation involving Disability Discrimination Provision of Services Education Provision of information to new students Update signs New policies for parking inspectors A woman with impaired mobility complained that there were insufficient disability parking spaces to meet demand at the educational institution in which she was enrolled as a student. She also complained that because the spaces close to her classrooms were almost always taken, often by cars without disability parking permits, she frequently experienced great pain and anxiety in getting to class, and there was inadequate patrolling of disability parking spaces. The woman believed that the lack of patrols allowed anyone to park illegally without any sanction. The Commissioner decided to refer the complaints for conciliation as she considered it possible that they raised issues of disability discrimination in relation to patrolling of the disability parking bays. At conciliation, the educational institution agreed to provide information about the effects of unnecessarily parking in disability bays and request that people without a disability permits not use these bays. This information would be provided to all new students and staff during orientation and induction, and on its website. It also agreed to update its disability parking signage, instruct staff to contact relevant authorities if they become aware of anyone parked illegally, and to try to accommodate the complainant s requests to change to more accessible rooms allocated for tutorials and lectures she attended. It was also agreed that parking inspectors would try to patrol the disability bays at the institution as often as resources would allow, giving priority to peak times, and to attend as soon as possible when contacted by any staff about illegally parked cars. Work experience provided the following year Parents of a young man with a mild disability believed that their son was refused work experience by a business because of his disability after his mother received a call asking about her son s capabilities. Although she told the business that as long as occupational health and safety rules were followed there would be no problems with her son

2 working, the Manager said that they already had too many work experience students. With the agreement of all parties, the matter was conciliated early by telephone negotiations, as the company were adamant that there had been a communication breakdown between it and the school who arranged the work experience placement. A conciliation agreement was signed with the company agreeing to provide the young man with a work experience opportunity the following year if he was still interested, and to consult with the young man and relevant school staff about suitable duties. Accommodation Continued provision of accommodation Regular meetings to facilitate communication A complainant alleged that her complaints about disturbances by other residents were not taken seriously, or not adequately dealt with by the management of the residential college in which she was living. She claimed this was because they assumed or imputed that she had a mental and physical disability. In addition, the complainant alleged that she was refused re-admission to the college. The complaint was resolved by conciliation with the college agreeing to provide accommodation until January 2008, and after that to apply the standard policies to any further application she might wish to make. The complainant agreed to meet regularly with the Principal to discuss any concerns about her residency, to follow the college complaint s process and inform the Principal of any issues in regard to her residency. $4,500 The complainant alleged that her employer had treated her unfavourably because of her physical disability, cerebral palsy. She alleged her employers would compare her speed of work to other employees, took her off her initial duties because they felt she was too slow, and eventually asked the complainant to leave work. The complainant said she felt stressed and upset about finding a new job. The Commissioner considered that the complaint raised issues of discrimination and referred the complaint to conciliation. The employer agreed to pay the complainant $4,500 in compensation.

3 Written apology Invitation to apply for other positions with the organisation Provision of more comprehensive information about their rights $9,500 A woman complained that her employment was terminated because her employer did not believe that she could perform her job due to her physical disability. The Commissioner decided to refer the complaint for conciliation because it raised issues of disability discrimination. The Commissioner was not persuaded that the employer could rely on the exception contained in s 30, and alternatively s 49. At conciliation the employer agreed to provide a written apology and $9,500 in compensation, as well as inviting her to apply for other positions with the organisation. The employer also agreed to provide its staff with more comprehensive information about their rights. Provision of services Implementation of a taxi booking system Raising awareness amongst drivers Recommending carriage of harnesses in taxis Contact peak body about the issue Driver training Continuing monitoring A provider of a taxi service requested a couple with two guide dogs to have their guide dogs ride in the rear of the station wagon vehicle. The complainant alleged that when they refused, as the assistance dogs needed to sit with their handlers, the driver drove off. The complainants further alleged that in the course of waiting for the taxi a number of taxis approached the couple, but on noticing that they both had guide dogs drove off without stopping. The Commissioner decided that the complaint raised issues under the Discrimination Act. At conciliation the taxi company agreed to put in place a taxi booking system that would provide the complainants and their guide dogs with priority assistance for all future use of its taxi services. The taxi company agreed to work with the complainants to improve its service to people with assistance dogs, including raising awareness amongst its taxi drivers that guide dogs are required to be appropriately accommodated in taxis, recommending that drivers carry harnesses for transporting assistance dogs, attempting to get peak body endorsement of dog harnesses for taxis, providing training to taxi drivers, and continuing to monitor problems in relation to people with guide dogs accessing its services.

4 Improve policies for handling performance issues Provide job search information Provide a statement of service $2,500 An Asian man with a physical disability complained that his employment was suddenly terminated in his probation period after he was told that he was not fit or suitable. The man was concerned by negative comments he alleged were made to him by a co-worker about his English and his lifting abilities. At conciliation the employer agreed to make an ex-gratia payment of $2,500 to the man, improve its policies for handling performance issues with staff (including to include effective and clear communication), provide the man details of agencies and training providers to assist the complainant in obtaining similar work, and providing a statement of service. Voluntary termination of employment $100,000 A man who worked for an organisation alleged that, after he was injured at work, he was taken off computer access and that he missed out on training and job opportunities. He alleged that he wasn t given the Government Gazette notices, and that he had not received training for two years. He also had made an internal complaint regarding bullying and harassment. Sometime after lodging his complaint with Commissioner the man further alleged that he was told not to come to work until he either withdrew the complaint with the Commissioner or it was finalised. The matter resolved on conciliation. The man agreed to terminate his employment with a financial settlement of over $100,000 which included monies for employment entitlements and for pain and suffering, and hurt and embarrassment. Access to premises Agreement to lease position A man who was a street vendor alleged that a manager of a shopping mall told him to move to a different position despite the fact that he had occupied that position for 3 years. The man used a wheelchair, had impaired vision and had a guide dog. He felt it was unfair and unsafe to be asked to move.

5 The complaint was resolved with the shopping mall agreeing to lease the spot that the man was using to him on the proviso that he had public liability insurance coverage. The man was then able to continue vending from that place. Access to premises Organisers agreed to provide a powered campsite Assistance dog allowed in to event A woman alleged she was discriminated against by a music event when she was told that she was not able to have her assistance dog at the event overnight and that no power was available for her to use her oxygen equipment that she needed for her disability. The organisers told her that this was because their insurance would not cover her stay. The complaint was resolved with the event organisers agreeing to provide a powered campsite for the woman and allowing her assistance dog to accompany her throughout the event. Payment of clinical supervision sessions Training for staff Letter on file stating complain resolved Contact person nominated within the department $10,000 A woman employed as a nurse alleged that she was subjected to bullying and harassment because it was presumed that she had a mental health disability and because of her training as a paramedic. At conciliation the employer agreed to pay the woman an amount of $10,000 for hurt, humiliation and distress and to pay for her clinical supervision sessions. The employer further agreed to implement a training course for staff on bullying and harassment and to place a letter on the woman's file stating that the complaint had been resolved, and that any queries regarding her employment be directed to an agreed person within the department.

6 Provision of goods and services Staff training Introduction of policies Review of entry rules Undertaking to counsel individual staff member A woman went with her partner and her 9 year old son, who was in a large stroller due to his disability, to inspect a display village. The woman alleged that the real estate agent supervising a particular display home would not permit their entry unless they carried their son, which they were unable to do because of his large size. They were told that wheelchairs and strollers were not permitted. However she stated that other display homes did not prevent them from entering with their son in a stroller. The matter was resolved at conciliation with the real estate agent agreeing to implement training for staff in discrimination and human rights issues and to introduce discrimination and other policies around this issue. The display home also agreed to review its entry rules for people using disability aids and strollers. The real estate agent gave an undertaking to counsel the individual staff member concerned to increase his awareness of disability issues to assist his dealings with customers. Education Amend course instructions Opportunity to redo the assessment Opportunity to re-sit failed exam A woman studying a university course via distance learning alleged that the University did not make adequate adjustments for her disability. She approached the staff about her difficulty in understanding the requirements for a particular assessment which she found confusing. She alleged that she was treated as if her disability did not have credibility, and was not believed that she was disadvantaged. The university dismissed her concerns, and refused to give her an alternative assessment task. At conciliation, the University agreed to amend the outline of the course to make it clearer that the last assignment was complex and would likely take additional time. The University also offered an opportunity to redo the assessment in a hardcopy workbook, and to re-sit the exam that she had failed. Copy of transcript of disciplinary interview

7 Ongoing information sessions for management $3 500 A woman alleged that her employer did not accommodate her request for flexible work practices after she was not able to obtain after-school care for her child who had a disability. She claimed that she was picked on and humiliated by remarks about her parental commitments and being a single parent. She claimed that when she asked for some flexibility with her work hours, her employer said it was not economically feasible, and that she should look for alternative employment. She eventually left her workplace. At conciliation, the employer agreed to: pay the woman $3,500 in compensation; provide her with a copy of the transcript of her disciplinary interview; conduct ongoing information sessions for management to raise awareness regarding the needs of carers and people with disabilities, and to advise the Human Rights Commission when these steps were taken. Put on on-call roster Support a graduated return to work Consultation before speaking with assessing clinicians All staff meeting to discuss any concerns $3,000 in back pay A man claimed that a new supervisor at his work decided that he could no longer work alone, do overtime or be on-call because of potential side effects of the chronic pain medication he was taking for a work injury that occurred 10 years ago. He stated that this decision significantly affected his salary. At conciliation, the employer agreed to: pay $3,000 in back pay and put the man back on the on-call roster once he returned to full time duties; and to support a graduated return to work with a mix of duties. The employer also agreed that staff would consult the man before speaking with his assessing clinicians, and to organise a meeting with all staff from the man's work area to discuss any concerns and explore how these could be addressed. Return to work Better communication A woman employed through an agency as a nurse alleged that a medical facility prevented her from returning to work because of a previous workers compensation claim for a stress related illness. The terms of the woman s resignation and workers compensation

8 settlement did not prevent her from returning to work at the facility. At conciliation the medical facility agreed it was now agreeable for the woman to return to work there. The woman provided a medical certificate regarding her fitness to work and to agreed continue to obtain appropriate medical care to ensure her own care and safety at work. The facility and the woman agreed to communicate openly and transparently about any work issues, and nominated a specific staff member to discuss issues with. Goods, services or facilities Apology Policy change Reasonable adjustment in future for PWD Free service A father claimed that his son was prevented from participating in a game at an entertainment centre because his son is blind. The centre claimed they were not given enough notice that accommodations for his disability were required. In conciliation the centre agreed to change their procedures when taking bookings to check whether participants have specific requirements to ensure necessary accommodations are made in advance so, that participants with disabilities can access the centre. The centre also agreed to raise this issue at World and Australian industry entertainment conferences. The centre offered a free party and agreed to meet beforehand to personally apologise to the complainant.

9 Accommodation Policy change A woman who requires a carer because of multiple medical conditions had a building adapted in her son s backyard so that her family could assist with her care while she continued to live independently. The woman claimed that certain rules administered by a Government Department prevented her husband from living in the building because her husband is not her carer. At conciliation the Department agreed to rephrase the rule to reflect the fact that the rule is not intended to prevent people needing care from living with their partners. The Department also agreed to provide a draft of the revised rule to the Commission for comment and to notify the Commission when the change is in force Accommodation, Goods, services or facilities New accessible facilities Alternative accommodation A lifetime member of a large club regularly stayed at its holiday house at the coast. The man claimed that he had to shower outside with a garden hose because he had a disability and the shower and toilet facilities were not accessible. In conciliation the club agreed to replace the existing facilities with shower and toilet facilities that are accessible, and meet the appropriate standards for disability access. The club also agreed to pay the cost of alternative accommodation for club events until the alterations are complete and to keep the man informed of progress of the alterations. $25,000 A man claimed that he was excluded from professional development and training opportunities and therefore promotions and career advancement after he developed a spinal cord injury. The man claimed his employer did not provide alternative mechanisms for career advancement for employees with a disability preventing them from working in operational roles. The employer claimed that training requests were never refused and new procedures were being developed to redeploy employees with disabilities. At conciliation, it was agreed that irreconcilable differences had undermined the employment relationship. The employer agreed to pay a voluntary redundancy at the top of the range, a lump sum of $25,000 for

10 assistance to move forward and outstanding leave entitlements. Access to premises, Accommodation and Provision of goods, services or facilities. $3,858 Service change Staff training A woman claimed that her rental housing provider discriminated against her on the ground of disability by refusing to install security screens following a number of burglaries at adjoining properties. The woman claimed her disabilities, which included post-traumatic stress disorder, were being significantly exacerbated by the lack of security. At conciliation, the accommodation provider acknowledged that significant distress had been caused to the woman. The provider agreed to reimburse the woman $3,858 for the security screens she had installed herself, provide an Occupational Therapy Assessment for her home and facilitate cleaning of her basement storage room, which had been damaged in a fire. The provider also agreed to ensure all of their managers attend anti-discrimination training within 12 months of the agreement being signed. Accommodation $1400 Apology System change A man complained on behalf of his son, who has severe physical and intellectual disabilities, that his family was allocated a property that created many safety risks for his son. The man's concerns included that the backyard had a dangerous slope, limited wheelchair access, absence of insulation in the kitchen/living areas, inadequate drainage in the bathroom, exposed nails in the bedroom, a broken heater and an absence of cupboards in both the bathroom and kitchen. At conciliation, the housing provider agreed to formally apologise to the man for the impact on himself and his family, reimburse him $1,400 for any inconvenience and/or loss of amenity, and provide the man with any information held by their maintenance provider on its database. The housing provider also agreed to develop an implementation schedule following an inspection of the property with an Occupational Therapist (OT). The housing provider also agreed to facilitate contact with Disability ACT to explore transport and service options, and after explore possible modifications to the driveway, or

11 else find another property. Additionally they agreed to systemic changes so as to identify defects in new properties more effectively and better train staff, particularly regarding the needs of children with disabilities. Accommodation Provision of goods, facilities and services Change of policy and procedure Recession of charge for property repairs A man claimed that his accommodation provider did not make reasonable adjustments for his disability of dyslexia. The man was charged for repairs to the property which he claimed he was not responsible for. The service told him that he must fill out a statutory declaration if he wanted this charge to be rescinded. The provider refused to give assistance to fill in the statutory declaration. At conciliation the provider gave an apology and provided a commitment that anyone with a disability who requests assistance to complete paperwork, forms or documents in relation to their service will be provided with this assistance. The provider also reviewed the charge levied for repairs and as a result it was cancelled. Change of policy and procedure A woman claimed that her employer, a government department, had not made reasonable adjustments for her disability. The complainant had a vision impairment and used assistive technology to carry out her work. She claimed that she constantly encountered problems with this technology when her employer made adjustments to either computer equipment or software upgrades and that she was not informed when these changes occurred. At conciliation the employer acknowledged that it has a responsibility to support assistive technology and that a planned approach to providing support to people using assistive technology is important to avoid the stress of dealing with unforeseen changes. The department agreed to meet with the complainant to discuss her suggestions for the improvement of the provision of assistive technology and will provide this feedback to the technology department.

12 Goods, services or facilities Apology A man alleged that he was refused service by a transport provider because he had a guide dog. At conciliation the transport provider apologised for the harm and distress caused to the man and assured the man it would not happen again. Goods, services or facilities $1500 Systems review Staff Training A man who uses a wheelchair alleged that he had been discriminated against on the ground of disability by a supermarket chain, because they did not provide shopping trolleys suitable for his use. Wheelchair trolleys are available that can be clipped onto the wheels of a chair. The man was a regular customer for a number of years, and had tried raising his concern with management without success. At conciliation, the supermarket chain agreed to pay the man $1,500, review the number of wheelchair compatible shopping trolleys that were available at their stores, and arrange a disability awareness training session for all managers of the two stores. Change to application form A man alleged he was discriminated against due to his disability of dyslexia when he applied for a position with a government department. He claimed that he rang the department and requested assistance with the application process due to his disability, but this was refused. The department stated that it had no record of the complainant s request, but that he had not requested assistance on the application form. The complaint was resolved at conciliation with the respondent agreeing to amend its application form to make it clearer that applicants are able to request assistance if needed.

13 Sick leave reinstated Change to procedures Allocation of caseworker A woman alleged she was treated unfavourably by her employer, a government department, in the way that it handled her graduated return to work program after she took an extended period of time off work when undergoing cancer treatment. The complainant claimed that, despite her attempts to obtain assistance from a rehabilitation officer for her graduated return to work, this was not forthcoming and her employer deducted all of her sick leave and annual leave without her knowledge. The complainant was unable to return to her previous position due to her disability and she claimed the department did not adequately assist her to find an alternative placement. The complaint was resolved at conciliation with the Department agreeing to reinstate some of her sick leave and to change procedures in relation to graduated return to work. It also agreed to allocate a caseworker to the complainant to assist her to find an alternative position within the Department. To seek to improve its processes for managing ill and/or injured employees. $40,000 for any hurt, humiliation or distress A man alleged he was discriminated against in his employment because of a physical disability acquired in the workplace. He claimed that his employer did not make reasonable adjustments for his disability over many years including by denying him access to training, and opportunities for promotion. The man alleged that this was part of a discriminatory policy which excluded employees with disabilities, and had damaged his career prospects. The man also claimed that following successful treatment for his condition, the employer failed to provide adequate information about his duties to his doctor therefore making it impossible for his doctor to properly assess his fitness to go back to work. Recruitment The business owner acknowledged that the complainant was asked to

14 undertake a blood test because she was concerned about risks posed by HIV, offered the man position at another business that she owned, provided a formal apology. $1000 for any hurt, humiliation and distress. A woman of African origin alleged that she was discriminated against on the grounds of race when seeking emergency medical treatment. The woman who had very limited English claimed that she was unable to inform the treating practitioner about the extent of her injuries and pain. The woman also alleged that there was no attempt to obtain an interpreter, and that she could not understand what was being asked and said to her about her injuries. The woman stated that because the treating practitioner did not physically examine her, and due to the lack of interpreter she was not able to provide any information about her medical history. Accommodation Provision of goods, facilities and services Change of policy and procedure Recession of charge for property repairs A man claimed that his accommodation provider did not make reasonable adjustments for his disability of dyslexia. The man was charged for repairs to the property which he claimed he was not responsible for. The service told him that he must fill out a statutory declaration if he wanted this charge to be rescinded. The provider refused to give assistance to fill in the statutory declaration. At conciliation the provider gave an apology and provided a commitment that anyone with a disability who requests assistance to complete paperwork, forms or documents in relation to their service will be provided with this assistance. The provider also reviewed the charge levied for repairs and as a result it was cancelled. Change of policy and procedure A woman claimed that her employer, a government department, had not made reasonable adjustments for her disability. The complainant had a vision impairment and used assistive technology to carry out her

15 work. She claimed that she constantly encountered problems with this technology when her employer made adjustments to either computer equipment or software upgrades and that she was not informed when these changes occurred. At conciliation the employer acknowledged that it has a responsibility to support assistive technology and that a planned approach to providing support to people using assistive technology is important to avoid the stress of dealing with unforeseen changes. The department agreed to meet with the complainant to discuss her suggestions for the improvement of the provision of assistive technology and will provide this feedback to the technology department. Recruitment NIL A formal apology $1000 for any hurt, humiliation and distress. A man alleged he was discriminated against on the ground of presumed HIV positive status when seeking employment in a service industry position. Despite the employer apparently having universal blood handling procedures in place, the man alleged that the employer made it a condition of his employment that he have a blood test before commencing work so as to show that he was not HIV positive. The man stated that he was upset, angry, hurt and humiliated with the potential employer s requirement.