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RACIAL DISCRIMINATION ACT 1975

For complaints conciliated and finalised in the period of Jan - June 2010

Areas by:

Education

Grounds
Race - direct
Areas
Education
Terms of Settlement
Other - please specify
Compensation
Complaint Summary

The complainant said that her 14 year old daughter who is Indigenous, has Attention Deficit Hyperactivity Disorder and a conduct disorder. The complainant alleged that her daughter was regularly suspended from the respondent high school because of her behaviour and that appropriate adjustments were not provided to accommodate her daughter's disability. The complainant also alleged that her daughter's behaviour was the result of racial harassment by other students. The complainant subsequently withdrew her daughter from the school.

When advised of the complaint, the respondent indicated a willingness to try to resolve the matter through conciliation.

The complaint was resolved with an agreement that the school would provide the complainant's daughter with a student stationery pack, loan her a desktop computer for use at home while she continues her studies and also loan her a lap top computer for use at her new school.

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Employment

Grounds
Race - direct
Race - indirect
Racial hatred
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$2,000

Complaint Summary

The complainant, who is of African origin, was employed with the respondent construction company. He alleged that his manager made racially offensive comments including referring to him as a "black c***" and also made disparaging remarks about his work performance. The complainant alleged his employment was terminated because of his race.

The company said the complainant only raised these concerns after his employment was terminated and the company then investigated the matter. The company said the complainant was terminated for poor performance.

The complaint against the company was resolved with an agreement that the company would pay the complainant $2,000 compensation.

 

Grounds
Immigrant status
Victimisation
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

>$2,000

Complaint Summary

The complainant, who is of Vietnamese and Chinese origin, was employed with the respondent manufacturing company for four months. The complainant alleged that a co-worker made offensive race-based comments to him such as "chink" and "gook". He claimed that this co-worker also gave him ninja stars made from discarded metal. The complainant said he found this behaviour offensive as it implied that all Vietnamese people carry knifes. The complainant claimed that his employment was terminated after he made an internal complaint .

The co-worker denied the allegations. The company said the complainant's employment was terminated because of his performance and unexplained absences from work.

The complaint was resolved with an agreement that the company would pay the complainant $2,000 general damages.

 

Grounds
Race - direct
Colour - direct
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Compensation

$6,000

Complaint Summary

The complainant, who is of African origin, was employed as a store person in a supermarket. He claimed that the manager made race-based comments to him and reduced his shifts. He said that after an argument with this manager, he was told to leave the store and his employment was subsequently terminated.

The respondent denied race discrimination and said the complainant was suspended because of inappropriate behaviour.

The complaint was resolved on the basis of payment of $6,000 general damages and provision of a Statement of Service.

 

Grounds
Immigrant status
Areas
Employment
Terms of Settlement
Employment - other opportunity provided
Policy change/change in practice (external customers)
Policy change/change in practice (internal staff)
Undertaking to cease action
Compensation
Complaint Summary

The complainant advised that he is an immigrant and had sought employment in a health service profession through the respondent online recruitment company. The complainant said a number of his applications were unsuccessful and the company told him this was because employers often require that applicants are educated in Australia. The complainant said he was fully qualified to work in Australia and he claimed this action constituted discrimination on the ground of his immigrant status .

The respondent denied discrimination.

The complaint was resolved with an agreement that the respondent would accept the complainant's employment applications on their merits, remove all references to a requirement that applicants be educated in Australia and inform employers that this is not an acceptable requirement.

 

Grounds
Race - direct
National origin/extraction - direct
Areas
Employment
Terms of Settlement
Statement of regret - private
Goods/services/facilities provided
Compensation
Complaint Summary

The complainant, who was born and raised in America, worked as a forklift driver at the respondent's warehouse. He claimed that derogatory comments, such as "yank c**t" and "yanky doodle" were made by his supervisor and other co-workers. He also claimed his employment was finalised and he was refused further employment because of his national origin.

The respondent denied that derogatory comments were made but acknowledged the complainant was called a 'yank' by some co-workers. The respondent claimed the complainant's employment was finalised because he was a casual and there had been a downturn in business.

The complaint was resolved with an agreement that the respondent would provide the complainant with a statement of regret and a complementary product as a gesture of goodwill.

 

Grounds
Colour - direct
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$5,000

Complaint Summary

The complainant who is African American, was employed on a casual basis with the respondent retail company. The complainant claimed that he was not afforded the same work opportunities as other employees and that his colleagues made adverse comments about his race and colour. The complainant said that eventually he was not offered further work.

The respondent denied discrimination and said that the complainant had stopped turning up for his shifts.

The parties participated in a conciliation conference and the matter was resolved with the respondent agreeing to pay the complainant $5,000 in general damages.

 

Grounds
Ethnic origin - direct
Race - direct
Areas
Employment
Terms of Settlement
Apology - private
Financial compensation
Compensation

$20,000

Complaint Summary

The complainant, who is of Chinese origin, claimed that she was sexually harassed and racially discriminated against by a colleague during her employment. She claimed that the colleague touched her and made sexual gestures towards her. She also said she was targeted because she did not speak English as well as other staff and was subjected to comments because of her race and ethnic origin. The complainant claimed her employment was terminated.

The respondent company agreed to participate in conciliation.

The complaint was resolved with an agreement that the company would pay the complaint $20,000 and provide her with a Statement of Service and an apology.

 

Grounds
Race - direct
Race - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$7,000 approx.

Complaint Summary

The complainant advised that she is an Aboriginal person and had worked for the respondent company for more than six years. She claimed that she was subject to hostile work environment because of her Aboriginality in that some work colleagues made derogatory comments about Aboriginal people and acted in an unprofessional manner towards her.

On being advised of the complaint, the company agreed to participate in conciliation.

The complainant did not wish to continue her employment with the company and the complaint was resolved with the respondent agreeing to pay the complainant approx. $7,000 compensation.

 

Grounds
Race - direct
Race - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$8,250

Complaint Summary

The complainant advised that he is Polish. The complainant said that during his employment as a cleaner with the respondent company, his colleagues called him names such as "stupid Polish man", "communist" and "cuckoo". The complainant also claimed that he was asked to take off his shoes when entering the office and some of his colleagues called him "smelly" and put their fingers on their noses when he entered the office. The complainant said he resigned from his employment.

The respondent company denied the allegations but agreed to participate in conciliation.

The complaint was resolved with an agreement that the company would pay the complainant $8,250 compensation characterised as general damages.

 

Grounds
Association
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$5,000

Complaint Summary

The complainant advised that his partner is of Fijian/Indian background. He said that during his employment with the respondent industrial company, other employees used racially offensive language in his presence and he found this upsetting.

The company said that on being advised of the complaint, it had undertaken an investigation and taken appropriate action.

The complaint resolved with an agreement that the company would pay the complainant $5,000.

 

Grounds
Race - direct
Racial hatred
Areas
Employment
Terms of Settlement
Statement of regret - private
Training - anti-discrimination/EEO staff training introduced
Compensation
Complaint Summary

The complainant, advised he is an Aboriginal person and is employed with the respondent government agency. The complainant claimed that he was being paid at a lower rate than non-Indigenous employees in comparable positions. The complainant also claimed that adverse racial comments were made in the workplace and that on one occasion, someone put graffiti on his desk which read "coons out". The complainant said he advised management of these incidents but insufficient action was taken.

The respondent said that an independent investigator had been appointed to examine the allegations and this investigation was continuing. The respondent said officers in similar positions to the complainant, with similar levels of experience, including an non Indigenous officer, were being paid the same rate.

The complaint was resolved on the basis that the agency would run cultural awareness training for branch supervisors and managers. The respondent also provided the complainant with a written statement of regret.

 

Grounds
Race - direct
Ethnic origin - direct
Areas
Employment
Terms of Settlement
Statement of regret - private
Financial compensation
Training - anti-discrimination/EEO staff training introduced
Compensation

$3,000

Complaint Summary

The complainant, who is from El Salvador, alleged she was harassed and bullied by a co-worker during her employment with the respondent religious organisation. The complainant said she raised her concerns with management and was told "you are being too emotional - this is because you are from South America". The complainant's position was subsequently made redundant and she alleged that this constituted racial discrimination.

The respondent organisation acknowledged that the complainant had a dispute with a colleague and complained to management. The organisation denied that comments connected to the complainant's ethnic background were made as alleged. The organisation said the redundancy was due to a genuine restructure.

The complaint was resolved with an agreement that the organisation would provide the complainant with a Statement of Regret and $3,000 financial compensation. The organisation also agreed to have staff complete anti-discrimination training within 6 months of the conciliation conference.

 

Grounds
Race - direct
Race - indirect
Areas
Employment
Terms of Settlement
Training - anti-discrimination/EEO staff training introduced
Apology - private
Compensation
Complaint Summary

The complainant, an Aboriginal woman and long-term employee of the respondent aged care facility, alleged that her co-workers' attitude towards her changed when they became aware of her Aboriginality. The complainant's allegations included that co-workers inferred that she could not be trusted because of her Aboriginality and that her manager congratulated her for being Aboriginal, which she found offensive.

The respondent organisation denied any discrimination.

The complaint resolved at a conciliation conference. It was agreed between the parties that the complainant's manager would provide the complainant with a written apology and the organisation would arrange cross-cultural awareness training for all staff who worked with the complainant.

 

Grounds
Race - direct
Racial hatred
Areas
Employment
Racial hatred
Terms of Settlement
Statement of regret - private
Training - anti-discrimination/EEO staff training introduced
Other - please specify
Compensation
Complaint Summary

The complainant advised that she is an Aboriginal person and works as a cleaner with the respondent company. The complainant claimed that her manager used the word 'niggers' in the workplace on one occasion and she also overheard a male employee talking to her manager about "getting black fellas to come and clean our boots". The complainant said she found these comments offensive.

The respondent company said the manager used the word 'niggers' in the context of a discussion regarding a book title and this was not a reference to the complainant. The company said that the other person referred to was not an employee of the company.

The complaint was resolved at a conciliation conference with the company agreeing to provide the complainant with a statement of regret, implement cultural awareness training for staff and arrange an appropriate point of contact for Indigenous employees.

 

Grounds
Race - direct
Race - indirect
Victimisation
Racial hatred
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Compensation

$6,500

Complaint Summary

The complainant advised that he is Indigenous and was previously employed with the respondent retail company. He claimed that during his employment he was subjected to racially offensive comments, impersonations of Indigenous people and was treated unfairly by his colleagues and supervisors. He said his direct supervisor was aware of this but did not do anything to stop the behaviour. The complainant said that after he made a written complaint to the company, he was constructively dismissed.

The company denied the allegations and said that the complainant resigned on his own accord.

The complaint was resolved with an agreement that the company would provide the complainant with a statement of service and pay him financial compensation composed of $2,500 for economic loss and $4,000 for hurt and humiliation.

 

Grounds
Race - direct
Race - indirect
Areas
Employment
Terms of Settlement
Statement of regret - private
Financial compensation
Compensation

$7,500

Complaint Summary

The complainant, who is from India and of Hindu religion, was employed by the respondent child care organisation. The complainant also cared for her husband who had a disability. The complainant alleged that during her employment, she was performance managed because she was from a non-English speaking background and was treated differently than other staff who were not of her race and religion. She also claimed that the organisation failed to accommodate her carer's responsibilities.

The respondent denied that the complainant was treated differently to other employees and said that clients had raised concerns about the complainant's communication skills and there were other performance issues. The respondent said the complainant was provided with work to coincide with her availability.

The complaint was resolved through negotiations following a conciliation conference. The respondent agreed to provide the complainant with a statement of regret and financial compensation in the sum of $7,500.

 

Grounds
Race - direct
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$5,000

Complaint Summary

The complainant, who is of Indian origin, claimed she was forced to resign from her employment as a customer service officer after four months. She claimed she was the only Indian employee with the respondent company and she alleged colleagues made derogatory comments about her and implied that she could not speak English properly. The complainant also claimed that her probation period was unfairly extended and she was performance managed due to her race.

The respondent company denied discrimination and said the complainant was not its only employee of Indian origin. The company said the complainant was occasionally difficult to understand but denied she was treated negatively because of this. The company said the complainant's probation was extended for performance reasons and she did not raise concerns about racial discrimination when she resigned.

The complaint resolved in conciliation with an agreement that the company would pay the complainant $5,000.

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Racial Hatred

Grounds
Racial hatred
Areas
Racial hatred
Terms of Settlement
Statement of regret - private
Training - anti-discrimination/EEO staff training reviewed/revised
Compensation
Complaint Summary

The complainant, who is Jewish, claimed that a newspaper article discussing the current conflict between Israel and Palestine contained false allegations against Jewish people.

When advised of the complaint, the respondent indicated a willingness to try to resolve the matter.

The complaint was resolved through a conciliation process, with the respondent agreeing to provide a statement of regret and an outline of anti-discrimination training provided to staff.

 

Grounds
Racial hatred
Areas
Racial hatred
Terms of Settlement
Material removed from website/other publication
Other - please specify
Compensation
Complaint Summary

The complainant said that video footage had been loaded on a file sharing website showing an incident involving a Pakistani woman. The complainant claimed that a site user posted a comment on the video footage making racially derogatory comments such as "Paki bastards", "fxxx those Curry munching scum", "poo faces", "stupid paki women" and "silly shit smelling Pakis, they need to fxxx off home".

When the Commission contacted the file sharing website about the complaint, the site removed the comments posted by the user and suspended the user from accessing the site.

 

Grounds
Racial hatred
Areas
Racial hatred
Terms of Settlement
Material removed from website/other publication
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant advised the Commission that video footage had been loaded on a file sharing website showing negative images of Aboriginal people. The complainant said that many site users posted very derogatory comments about Aboriginal people on the video footage.

When the Commission contacted the file sharing website about the complaint, the site removed the video footage and comments. The complainant advised the Commission that he was satisfied with the prompt action taken by the respondent.

 

Grounds
Racial hatred
Areas
Racial hatred
Terms of Settlement
Material removed from website/other publication
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant advised that she is of Indian background. She said that a group site on a social networking site portrayed negative images of Indian people. The complainant claimed that the comments from the group administrators and various group members were very offensive and derogatory towards Indian people.

When the Commission contacted the Social Networking Site about the complaint, the site removed the group and warned the group administrators. The complainant advised the Commission that she was satisfied with the action taken by the respondent.

 

Grounds
Racial hatred
Areas
Racial hatred
Terms of Settlement
Material removed from website/other publication
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant advised that he is of Indian background. He said that a group site on a social networking site portrayed negative images of Indian people. The complainant said that he found the material on the site to be offensive, insulting, humiliating and intimidating.

When the Commission contacted the site about the complaint, the site removed the group and warned the group administrators. The complainant advised the Commission that he was satisfied with the action taken by the respondent.

 

Grounds
Racial hatred
Areas
Racial hatred
Terms of Settlement
Material removed from website/other publication
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant advised that he is an Aboriginal person. He claimed that a particular website contained jokes about Aboriginal people that he found insulting.

When the Commission contacted the website server about the complaint, the server removed the site. The complainant advised the Commission that he was satisfied with the action taken by the respondent.

 

Grounds
Racial hatred
Areas
Racial hatred
Terms of Settlement
Material removed from website/other publication
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant advised that he is of Chinese background. He informed the Commission that a group loaded on a social networking site portrayed negative images of people from Asian/Indian background. The complainant said that he found the comments from the group administrators and various group members offensive and derogatory towards people from Asian/Indian background.

When the Commission contacted the site about the complaint, the site removed the group and warned the group administrators. The complainant advised the Commission that he was satisfied with the action taken by the respondent.

 

Grounds
Racial hatred
Areas
Racial hatred
Terms of Settlement
Material removed from website/other publication
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant advised that she is an Aboriginal person. She advised the Commission that a photo loaded on a website portrayed negative images of Aboriginal people. She said that the comments on the photo were also offensive.

When the Commission contacted the site about the complaint, the site removed the photo and comments and warned the person who posted the photo. The complainant advised the Commission that she was satisfied with the action taken by the respondent.

 

Grounds
Racial hatred
Areas
Racial hatred
Terms of Settlement
Material removed from website/other publication
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant, who is a police officer, lodged a complaint on behalf of an Aboriginal person with psychiatric disability. The complainant advised the Commission that footage had been loaded on a file sharing website depicting white males spraying the Aboriginal person with a fire extinguisher. The complainant claimed that the footage was inciting racial tensions in the local area.

When the Commission contacted the file sharing website about the complaint, the site removed the video footage. The complainant advised the Commission that he was satisfied with the action taken by the respondent.

 

Grounds
Racial hatred
Areas
Racial hatred
Terms of Settlement
Statement of regret - private
Financial compensation
Undertaking to cease action
Compensation

$2,500

Complaint Summary

The complainant advised that she is Jewish. She claimed that a neighbour in her apartment complex made racially derogatory comments to her on several occasions, calling her "dirty Jew", "little Russian Jew" and "old Jew". The complainant said the comments were made in the car park and in the stairwell of the building.

The respondent denied the allegations but indicated a willingness to attend conciliation to resolve the complaint.

The complaint was resolved with an agreement that the respondent would refrain from any such alleged conduct, pay the complainant $2,500 and provide her with a statement of regret.

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Provision of Goods & Services

Grounds
Descent - direct
Descent - indirect
Areas
Provision of goods & services
Terms of Settlement
Apology - private
Compensation
Complaint Summary

The complainant is of Aboriginal and Irish decent. She alleged race and disability discrimination against the respondent club which she accessed for rehabilitation services. The complainant claimed the club had deliberately given her a faulty access card and she said staff were rude to her because of her race and disability.

On being advised of the complaint the respondent club denied discrimination and said that it had problems with a faulty door at the club which had caused access problems for many patrons.

The complaint was resolved with an agreement that the club would provide the complainant with an apology.

 

Grounds
Association
Areas
Provision of goods & services
Terms of Settlement
Financial compensation
Compensation

$176

Complaint Summary

The complainant's partner is an Aboriginal person. The complainant said that he and his partner had recently stayed at the respondent hotel and the air conditioner in their room leaked, causing carpet damage. The complainant claimed that he was charged $176 for cleaning costs as the respondent concluded that someone had vomited on the carpet and then cleaned the carpet with water. The complainant alleged that the respondent formed that view due to his association with an Aboriginal person.

The respondent hotel denied the claims made by the complainant but agreed to participate in a conciliation process.

The complaint was resolved with an agreement that the respondent would reimburse the cleaning charge.

 

Grounds
Race - direct
Race - indirect
Areas
Provision of goods & services
Land/housing & other accommodation
Terms of Settlement
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant, an Aboriginal woman and public housing tenant, alleged that an employee of the respondent housing authority made inappropriate comments in reference to her Aboriginality when inspecting her residence. The complainant alleged that these comments included questions about local Aboriginal families and a reference to the funeral of another Aboriginal woman who had been taken from her family as a child.

On being notified of the complaint, the respondent agreed to participate in conciliation.

In response to the complaint, the respondent undertook to remind all staff at the local office of their obligations under the department's code of conduct. The complainant was satisfied with this action by the respondent.

 

Grounds
Race - direct
Areas
Provision of goods & services
Terms of Settlement
Statement of regret - private
Training - named individual(s) to undertake anti-discrimination/EEO training
Compensation
Complaint Summary

The complainant, who is Aboriginal, alleged that when shopping at the respondent store, her bags were searched while the bags of non-Aboriginal customers' were not. She said she reported this different treatment to the store manager but he refused to act on her complaint.

The respondent store claimed that the complainant's bags were searched because on the day in question, two other customers had reported seeing the complainant place items into her bags.

The parties participated in a conciliation conference and the matter was resolved with the respondent agreeing to provide the complainant with a statement of regret and arrange for the store manager to undertake cultural awareness training.

 

Grounds
National origin/extraction - direct
Areas
Provision of goods & services
Terms of Settlement
Policy - anti-discrimination/EEO policy developed
Compensation
Complaint Summary

The complainant alleged that he was unable to book backpacker accommodation because he is Australian. He claimed the respondent hostel told him Australians were not allowed to stay because they caused problems.

The respondent denied the claims made by the complainant and said that accommodation is only refused where there are issues of anti-social behaviour.

The complaint was resolved with an agreement that the hostel would develop and implement an anti-discrimination policy.

 

Grounds
Race - direct
Areas
Provision of goods & services
Terms of Settlement
Financial compensation
Compensation

$3,000

Complaint Summary

The complainant, an Indigenous man who has diabetes, was travelling with his work colleagues to a work related social event on a bus charted by their employer. The complainant alleged that the bus driver refused to stop to allow him to go to the toilet and told him he was not allowed to use the on-board toilet. The complainant said this led to an embarrassing incident in front of his work colleagues.

The respondent bus company denied that it discriminated against the complainant on the ground of race or disability. The company said that the on-board toilet is not available on short trips due to the difficulty of waste disposal and in this case, the bus driver was unable to stop safely on the highway during the trip. The company said it was not aware that any of the passengers had special needs and the driver was unaware of how urgently the complainant needed to use the toilet.

The complaint resolved through a shuttle conciliation process with the respondent agreeing to pay the complainant $3,000 general damages.

 

Grounds
Race - direct
Race - indirect
Areas
Provision of goods & services
Access to places & facilities
Terms of Settlement
Statement of regret - private
Compensation

$400

Complaint Summary

The complainant, an Indigenous woman, said that she was harassed and accused of theft by another woman while at the respondent shopping centre. She claimed that a security guard at the shopping centre allowed another woman to harass her and ignored the complainant's request to call the police. The complainant alleged that she was treated in this manner because she is Indigenous.

The respondent management company, denied that it was liable for the actions of the security guard as he was an employee of another company. The company said that while reports of the incident were inconsistent, it regretted that the complainant's visit to the shopping centre was marred by an incident with another customer.

The complaint resolved through a teleconference with an agreement that the company would provide the complainant with a statement of regret and pay her $400 general damages.

 

Grounds
Colour - direct
Areas
Provision of goods & services
Terms of Settlement
Apology - private
Training - anti-discrimination/EEO staff training reviewed/revised
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant claimed that when he entered the respondent retail store, staff ignored him because of his dark skin colour.

When notified of the complaint, the retail store indicated a willingness to participate in conciliation.

The complaint was resolved through an informal face-to-face meeting between the store owner and the complainant. The owner discussed the issues with the complainant, apologised for what had happened and advised that he felt there had been a misunderstanding. The owner also agreed to ensure that anti-discrimination principles are reviewed and reinforced with staff.

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