Disability Discrimination
Examples of the types of complaints we have resolved include:
Delay in modifications to accommodation
A tenant of a community housing provider lodged a disability discrimination complaint in relation to a 12-month delay in modifications to his home to make adjustments for his disability.
The Commission contacted the housing provider who acknowledged and apologised for the delay, and arranged for the modifications to be undertaken at no expense to the tenant.
Accessing a restaurant
A woman alleged that she was subject to discrimination on the basis of disability when a restaurant declined her booking as she was not vaccinated against COVID.
The restaurant responded explaining their basis for the policy at the time and provided information about how the policy had been intended to accommodate unvaccinated patrons. They confirmed that the policy is no longer in place and apologised for the woman's experience. The matter was resolved on that basis.
Mobility parking permit
A disability advocate lodged a complaint on behalf of their client about disability discrimination in the provision of goods, services and facilities by a government agency. The advocate said their client had received parking infringements because he had displayed a copy of his mobility parking permit on his vehicle rather than the original. The person used a copy of the permit because he found it difficult to reach the permit and transfer it from one vehicle to another due to his physical disabilities. He also said that numerous parking inspectors had told him it was reasonable for him to use a copy of his permit. In response, the agency explained that it is a strict liability offence for a person to display a copy of a parking permit. After several discussions with the agency to explore alternative options, the agency agreed to provide the person with a second mobility parking permit.
Accessing a restaurant with an assistance animal
A man lodged a disability discrimination complaint against a restaurant after being denied access because of his guide dog.
The matter was resolved in conciliation with the restaurant providing the man with a written apology and providing an undertaking to allow people with assistance animals the choice to dine either inside or outside, in accordance with their preference and in keeping with the choice provided to other customers.
Disability discrimination in the provision of goods, services and facilities
A man lodged a disability discrimination complaint against an entertainment venue, stating that he had been denied access or only provided restricted access to participate because of his intellectual disability and requirement to have a support person participate with him.
The matter was resolved in conciliation with the venue agreeing to provide 10 free sessions for the man and his support person; develop a policy formalising the options, access and discounts available for people with a disability and/or additional support needs; develop and publish an access and inclusion page on their website; and update training materials available to new and existing staff to include information on communicating with customers with a disability and/or special support needs.
COVID workplace requirements
A woman complained that she was discriminated against by her employer on the basis of her disability. The woman explained she had been provided with a temporary medical exemption from being vaccinated against COVID. However, her employer advised she was unable to attend the workplace even though she had a medical vaccination exemption.
The employer informed the Commission that they were in the process of considering her vaccination exemption application and a recommendation had been made that she be provided with a COVID vaccination exemption. The woman was subsequently able to return to the workplace.
Disability discrimination and housing
A man notified his housing provider that his disability was being exacerbated by his housing situation and requested a transfer to another property. The man alleged that his housing provider failed to address his needs and to accommodate his disability. The matter was resolved in conciliation with the accommodation provider agreeing to prioritise his transfer to a more suitable property; liaise with him regularly about this transfer; pay him $2,000 in financial compensation; provide him with a written apology and to undertake a review of its services to people with disabilities.