Sexuality Discrimination

Area
Employment
Terms of Settlement
Apology
Compensation
Staff training
Compensation
$1500
Complaint Summary
A man who identifies as homosexual alleged that he was discriminated against when a colleague made comments to him about his sexuality, including about being a ‘fairy’. The man reported being offended by the comments, and that this happened when he rang the office whilst on extended leave. The man claimed that the incident was the ‘straw that broke the camel’s back’, as other comments had been made in his workplace previously. At conciliation the employer agreed to provide a letter of apology and pay $1,500 for any hurt, humiliation or distress. The employer also agreed to remind all staff via email about their legal, and ensure all staff undergo anti-discrimination training.

 

Area
Provision of goods, services and facilities
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.

 

Area
Access to premises
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.