Discrimination of Aboriginal and Torres Strait Islander peoples: Case Studies (2009)
Discrimination: Case studies
Complaint of race discrimination at a restaurant
Jess is an Aboriginal woman who lives in a country area of NSW. Jess came to the city for a holiday and to visit her cousins who she had not seen for quite a while. On her last night in the city, Jess and her cousins decided to go to a restaurant which they had been told had great food and a great view. Jess said that when they arrived at the restaurant the head waiter told them they could not go in because they were not dressed appropriately. Jess said the waiter was rude to them. Jess said other people in the restaurant were also dressed in casual clothes and so she felt they were being treated differently because they were Aboriginal. Jess made a complaint to the Commission about the restaurant.
When the Commission contacted the restaurant, the restaurant agreed that Jess and her cousins were told they could not go into the restaurant because their clothing did not meet the restaurant’s dress standards. The restaurant denied that Jess and her cousin were treated differently to other people because they were Aboriginal.
The Commission helped Jess and the restaurant resolve the complaint. The owner of the restaurant invited Jess and her cousins back to the restaurant, offered to meet them in person when they came in and to provide them with a free meal. Jess was happy to accept this as a way to resolve the complaint.
Complaint of race discrimination by a boarding house
Steve, who is Aboriginal, needed to find a new place to live. He said he called a nearby boarding house and was told there was a vacancy. Steve said he agreed to go to the boarding house the next day to pay a deposit for the room. Steve said that when he arrived at the boarding house, the caretaker said “There is a problem. We don’t take anyone who is Aboriginal because there have been problems in the past. This is a management policy”. Steve made a complaint to the Commission about what had happened.
The owner of the boarding house told the Commission they did not have a formal policy to not accept Aboriginal people. He agreed, however, that they were reluctant to provide accommodation to Aboriginal people because of some bad experiences with tenants in the past. The owner of the boarding house agreed the comment the caretaker made to Steve was unacceptable.
The Commission helped Steve and the boarding house resolve the complaint. The owners of the boarding house agreed to apologise to Steve, provide him with accommodation, develop an anti-discrimination policy and pay Steve $3,000 compensation for the hurt and humiliation he said he had experienced.
Complaint of race discrimination in employment
Geoff worked as a labourer in an engineering firm. Geoff said the people he worked with called him names because he is Aboriginal. He said they called him names such as “black”, “dark”, “half cast” and “coon”. Geoff claimed his employer did not help him deal with the problems he was experiencing at work. Geoff decided to make a complaint to the Commission.
When the Commission contacted the company, they said that the first time they were aware of Geoff’s concerns was when he walked out of his job. The company said it had anti-discrimination policies in place. The company provided statements from some of Geoff’s co-workers. The co-workers agreed they had called Geoff “black” or “dark”, but said the comments were just a joke and that Geoff had laughed at the comments.
The Commission helped Geoff and the company to resolve the complaint. The company agreed to review and improve its anti-discrimination and harassment policies, to nominate harassment contact officers and hold regular meetings where staff could talk about discrimination issues. The company also agreed to pay Geoff $7,400 compensation for the hurt and humiliation he said he had experienced.
Complaint of race discrimination and sexual harassment in employment
Ben is Aboriginal and worked as a cook in a small bistro. Ben claimed that while working in the bistro his supervisor made comments to him about his race that he found offensive. Ben said that his supervisor would say “Are all black c**** as dumb as you?”; “Can you pass me the ‘Abocado’” and “Abo’s want everything for nothing”. Ben claimed that his male supervisor also sexually harassed him by making comments such as: “Whilst you’re down there.”; “Do you want me to f*** you”; and “I always knew you were gay”. Ben made a complaint to the Commission. In the complaint, he said he had resigned from his job because of the way his supervisor had treated him.
The owner of the bistro said that Ben’s supervisor denied discriminating against Ben because of his race and denied sexually harassing him. The owner said staff in the bistro teased and joked with each other and that Ben joined in some of this behaviour.
The Commission helped Ben and the company to resolve the complaint. The owner of the company agreed to pay Ben $10,000 compensation and provide him with a Statement of Service to resolve the complaint.
Complaint of race discrimination in employment
Sarah is Torres Strait Islander and had worked as a Customer Service Officer for a large government department for six months. In her complaint to the Commission Sarah said her manager unjustly criticised her work and questioned her about personal leave, even though she had provided medical certificates for the leave. Sarah said she made an internal complaint about her supervisor and after this, her probation report recommended that she not be given permanent employment. Sarah claimed her manager discriminated against because she is Torres Strait Islander. Sarah also claimed that she was victimized because she told her manager that she intended to make a complaint to the Commission.
On receiving the complaint, the Commission contacted the department to discuss Sarah’s claims. The department said it would review the matter.
The department contacted the Commission a few days later and said that Sarah would be offered permanent employment. The department also said that Sarah had also been offered career counselling and the option of moving to a different work location. Sarah told the Commission that this resolved her complaint.
