Vilification

Sexuality Vilification

Race Vilification

Sexuality Vilification

 

Ground
Vilification on the ground of sexuality
Area
Terms of Settlement
Provision of promotion services and sponsorship for a nominated charity
12 months free time to an organisation nominated by the complainant
Compensation
Nil
Complaint Summary
A man complained that a media outlet had discriminated against and vilified gay men. The man was upset by a reference to a sportsperson as a ‘thumb sucking poof’. The man said that after he contacted the outlet a further derogatory term was used, ‘nancy boy’. He was dissatisfied with the manager of the media outlet’s response to his complaint.
With the agreement of all parties, including the manager and those staff involved in making the alleged comments, early conciliation was arranged prior to the Commissioner issuing a formal written decision on the complaints. At conciliation, the media outlet agreed to provide promotion services for an event run by a nominated charity to the value of no less than $5,000 in consultation with the charity. The agreement also provided an option for the respondent to sponsor the event (subject to the charity’s approval), and where possible to facilitate the complainant’s contact with celebrities who might be able to assist in events run by the nominated charity. The respondent further agreed to provide 12 months free time in its designated community segment to an organisation nominated by the complainant.

 

Ground
Vilification on the ground of sexuality
Area
Terms of Settlement
Review and change of complaint handling policies
Introduction of discrimination policy
Staff training
Written apology
Compensation
$1 000
Complaint Summary
A man alleged he was denied re-entry into a nightclub and when he asked for an explanation he was vilified because of his sexuality by a security guard on the door.
At conciliation the Nightclub owners agreed to review and implement a revised complaint handling policy, to introduce a discrimination policy and ensure that all staff were aware of these policies and received training in discrimination law. They paid the complainant $1,000 financial compensation, and provided a written apology.

 Race Vilification

Ground
Vilification on the ground of race
Area
Terms of Settlement
Review of anti-discrimination policy
Copies given to all staff
Anti-discrimination training for staff
Compensation
Nil
Complaint Summary
A young man who was an overseas student complained that when he presented his driver’s licence for identification at a nightclub the security guard made a comment which implied that he was a terrorist. When he told the security guard that he was offended by the comments, the security guard became abusive. The complainant alleged that he was then told he could not re-enter the club until he apologised to the guard, and his requests to see the manager were denied. The Commissioner issued a written decision in this matter in which she concluded the complaint appeared to raise issues of both racial discrimination and vilification.
At conciliation, the proprietor of the club agreed to review their written anti-discrimination policy, ensure that all staff have a copy of the policy, and consider making any changes to this policy as recommended by the Commission and the complainant. The proprietor also agreed to remind staff of the policy at quarterly staff meetings and to provide anti-discrimination training to all staff over the next year.

 

Ground
Vilification on the ground of race
Area
Terms of Settlement
Written apology
Review drop off and pick up area
Raise staff awareness
Compensation
Nil
Complaint Summary
A man working in a voluntary capacity assisting people from an aged-care facility claimed that, while attempting to collect an elderly person from a health service, a man in a ‘lab coat’ with a identity tag called him by a racist term.
At conciliation, the service agreed to give a written apology to the man for hurt and distress, to review their drop off and pick up area to ensure there are sufficient spaces, and to explore ways of raising awareness with staff of their responsibility to treat members of the public respectfully at all times.

 

Ground
Vilification on the ground of race, Discrimination on basis of race, religion
Area
Goods, services and facilities
Terms of Settlement
Staff training
Policy change
Compensation
Nil
Complaint Summary
A woman alleged that an employee at a large chain store avoiding serving her and was rude and dismissive because the woman wore a headscarf. The woman also claimed that the employee made statements about the woman’s country of origin, and not having to “be nice” when the employee was on a lunchbreak outside the store. The complaint was resolved by the chain store agreeing to provide a written apology from the store and the employee. The chain store agreed to ensure the employee completed bullying and harassment and diversity training. It agreed to provide copies of documentation relating to its basic training and to note a suggestion that its Risk Escalation Policy ought to protect the wellbeing of customers and staff. The woman’s representative agreed to encourage the Muslim community to be empowered to raise any discrimination issues by writing to a Muslim national body to outline the complaint, stating that it had been resolved with the chain store committing to provide its services without discrimination.