Tasmanian Government Logo
Feature Image
 
CONTACT  |  DISCLAIMER
Link to the Tas government site

tas_discrim_news

Previous issues

Issue 22, November 2009 

Contents:

 

NEW FROM OUR OFFICE

Annual report

 

Our tenth Annual Report is now available on our website, this report covers the activities of the Office of the Anti-Discrimination Commissioner from 1 July 2008 to 30 June 2009

 

http://www.antidiscrimination.tas.gov.au/publications/annual_reports

 

Pregnancy Brochure

 

The new pregnancy brochure is now available on our website, for copies contact the office or download from http://www.antidiscrimination.tas.gov.au/publications

Back to top


FREE AWARENESS SESSION FROM OUR OFFICE

The below session is being conducted by our team of Investigation Officers, register soon to avoid missing out.
 

 WORKPLACE CHRISTMAS FUNCTIONS

TRAPS TO AVOID

Sexual harassment &
Discrimination are unlawful

FREE SESSION –
Limited seats – must register

Date: Tuesday, 17 November 2009
Time: 3.00pm – 4.30pm
Venue: Hearing Room
The Office of the Anti-Discrimination Commissioner
First Floor, 54 Victoria Street, Hobart

RSVP by 13 November 2009
Telephone:  6233 4841

Email: 
antidiscrimination@justice.tas.gov.au

 

  Back to top


FAQs – Breastfeeding

Gabrielle was asked to leave a café because she was breastfeeding her four-month old
baby. Is this discrimination?

  • The Act specifically covers breastfeeding
  • Cafes provide services to members of the public wanting food and drink and the Act
    covers discrimination when it occurs in relation to the provision of a service
  • If a staff member of a cafe asks a mother to leave because she is breastfeeding, it may be discrimination because they are treating a person less favourably than other customers because they are breastfeeding

Olga is studying a course at college one day a week and asked to have a room to
breastfeed her 6-month old in private. She doesn't want to use the toilets because it is
unhygienic and there is no parenting room. Is this unlawful?

  • No person should be required to breastfeed in a toilet
  • There is an exception in the Act that says a person may discriminate against another person on the ground of breastfeeding if they require special services or facilities, and providing those services or facilities would be an unjustifiable hardship
  • It would have to be considered in this situation whether it would be an unjustifiable hardship to provide facilities to enable Olga to breastfeed
  • This may include considerations of whether there are any free rooms, how much it would cost to build a separate parenting room and so on
  • It may be that if it was too costly to build a separate parenting room, Olga may be able to use a free classroom or other room that is not being used to breastfeed. This is not likely to cause unjustifiable hardship

Eve has returned to work after maternity leave. Her baby is at home being cared for,
but she needs to express milk at work. A colleague has complained that the expressed
milk she keeps in the fridge in the tearoom until she goes home at night offends him.
Eve's boss has asked her to stop doing this. Is this discrimination
?

  • Expressing milk is a characteristic of breastfeeding – some women may choose to express milk when they return to work. Breastfeeding is a natural act and has health benefits for both mother and child
  • Asking a mother to stop expressing milk at work is less favourable treatment in the area of employment
  • Businesses should also be aware that they have an obligation to take reasonable steps to ensure that all their employees (including Eve's colleague) are aware of, and do not engage in, discrimination, including discrimination on the basis of breastfeeding

Judith was breastfeeding her baby when her landlord came to collect the rent. While he
was there, he told her to "put her boobs away." Judith feels not only discriminated
against, but also very offended. What can she do?

  • The Act covers not only discrimination, but also some other prohibited conduct
  • One of the other types of prohibited conduct is offensive conduct
  • Offensive conduct occurs when a person (such as Judith's landlord) engages in conduct that is offensive, humiliating, intimidating, insulting or ridiculing to another person (such as Judith) in circumstances in which a reasonable person would anticipate that Judith would be offended, humiliated, intimidated, insulted or ridiculed
  • Offensive conduct only applies to some of the attributes covered by the Act – it only applies to gender, marital status, relationship status, pregnancy, breastfeeding, parental status and family responsibilities
  • Judith could lodge not only a complaint of discrimination, but also a complaint of offensive conduct on the basis of breastfeeding

If anybody would like any more information about breastfeeding discrimination, or any other discrimination matters or would like to lodge a complaint, please call the Office on 6233 4841 or 1300 305 062. You can also check out our website at www.antidiscrimination.tas.gov.au.

There is no cost to lodge a complaint with our office and it is confidential..

Back to top


LEGAL NEWS

Edwards v Hillier & Educang Ltd t/as Forest Lake College [2006] QADT 34 (11 August 2006)

Job transfer amounted to pregnancy discrimination

The complainant had been working part-time as the school’s registrar, job sharing with another woman. The school decided that the job should revert to being a full-time job performed by one person. Both women applied for the job, but the other one was appointed to it. The complainant was then offered an accounts position for which she had no qualifications and experience, and which had a much lower rate of pay. The school, aware that she was pregnant, justified this offer by claiming that the job would enable her to manage her pregnancy at work more easily.

The complainant was a qualified teacher, and there was evidence that the school had suitable teaching positions available that also provided flexibility to assist her to manage her pregnancy. However, the school refused to offer any teaching positions to the complainant.

The Queensland Anti-Discrimination Tribunal found that, while the school had genuinely formed the view that the registrar’s position should be full-time, and that the other employee was qualified to perform the job, it had discriminated against the complainant by dismissing her and only offering her the lower-status position as an alternative.

Damages of $47,250 were awarded to the complainant.

http://www.austlii.edu.au/au/cases/qld/QADT/2006/34.html

Back to top


CONCILIATIONS

Discrimination on the basis of gender and sexual harassment in the area of employment

 

The complainant alleged discrimination on the basis of gender and sexual harassment because she was asked to undertake sexualised activities as part of her employment duties.  The complaint was resolved confidentially at conciliation, with the respondent providing a written apology to the complainant and $1,000.

 

Back to top


NOVEMBER TRAINING CALENDAR

   COST

COURSE

DATES

LOCATION

TIMES

 
Contact Officer/Person Role
 
Monday 30th November
&
Tuesday 1st December
 
Launceston
 
1.00pm - 5.00pm
&
9.00am - 2.00pm
 
$400.00

For more information please go to;

http://www.antidiscrimination.tas.gov.au/training_calendar

or to register for a training course; http://www.antidiscrimination.tas.gov.au/forms

 

Back to top


COMMUNITY NETWORKING

HR_week  

10th December
United Nations
Human Rights Day

Human Rights Day marks the proclamation, on 10 December 1948, of the Universal Declaration of Human Rights that recognises the inherent dignity and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world.

For over 20 years the Tasmanian Human Rights Week Organising Committee, comprised of representatives of organisations and enthusiastic individuals has encouraged schools, government departments and community groups to mark Human Rights Day and the surrounding week with events and activities - celebrations, lectures, studies, performances, showing a DVD on a human rights theme in your workplace.

We invite you to organise an event or activity and let us know what you plan to do.

We publish a calendar of events for Human Rights Week.

Please let us know how you plan to be involved

yabbot@reltas.com.au
talvin@bigpond.net.au
ccox@newportwildman.com.au
santi.mariso@justice.tas.gov.au


HR_week

The Human Rights Week Organising Committee

Invite you to the

Human Rights Week March 2009

Date: Friday 4th December 12.30pm-1.10pm
Start and Finish: Starts at the fountain roundabout off Liverpool St near the ABC Centre and goes to Parliament House lawns for speeches and sausage sizzle)

Bring a banner or placard with a RIGHT for which you want to stand up but remember it must be in the Universal Declaration of Rights.

For further information:

talvin@bigpond.net.au
pinferim@hobartcity.com.au

Back to top


 COMMUNITY CALENDAR

Social Inclusion Week
23-29 Nov

Every Australian needs to be able to connect with family, friends and work, along with their own personal interests and local community in order to feel socially included, and an intrinsic part of the fabric of Australian society and culture.
Social Inclusion Week is being co-ordinated by Jonathon Welch, founding music director of the Choir of Hard Knocks.

For more information: http://www.socialinclusionweek.com.au/


 

“Multicultural Voices" Forum
- GLENORCHY, Thursday November 26 2009
6pm - 7.30pm
Glenorchy Civic Centre, Cooper Street Glenorchy


The Migrant Resource Centre, Multicultural Council of Tasmania (MCoT) and TasCOSS invite you to a special forum to discuss issues for Tasmanian multicultural communities in next year’s State Election.
Local candidates in the State Election from all major political parties will be in attendance.
 
What are the important issues for Tasmanians from a multicultural or migrant background?

  • Health services?
  • Education?
  • Employment?
  • Public Transport?  
  • Translation Services?   
  • Social Inclusion?


This is your chance to have your say on the important issues for you and your community.
This debate is free and refreshments will be provided.

 

http://www.ourisland.tascoss.org.au/Events/MulticulturalVoicesForumHobart/tabid/104/Default.aspx

 


 

2009 Tasmanian LIFE Awards


The Tasmanian LIFE Awards recognise life affirming work in suicide prevention.

 

Nominations for award recipients can be made by obtaining a Nomination
Form from Mental Health Services by ringing 6230 7780
or can be
downloaded from the Department of Health and Human Services website
http://www.dhhs.tas.gov.au/
 (type in under search “Tasmanian LIFE Awards”)


Closing Date 6 November 2009

Back to top


CONTACT US

To lodge a complaint or seek further information, contact the office or visit the website.  Please note the office is unable to provide legal advice to parties of a complaint.

Office of the Anti-Discrimination Commissioner
Level 1, 54 Victoria Street, Hobart, Tasmania 7000
GPO Box 197, Hobart, Tasmania 7001

Telephone  1300 305 062 (local call) or (03) 6233 4841
Facsimile   (03) 6233 5333
TTY           (03) 6233 3122

Email      antidiscrimination@justice.tas.gov.au
Website  www.antidiscrimination.tas.gov.au

Please advise the office prior to an appointment if you require special assistance or the services of an Interpreter /Auslan.

 

Readers who have particular topics they wish to know more about or items to include in the next edition are encouraged to contact the Editor of this publication. 

 

Any comments/feedback about the newsletter to ensure it is a useful resource and information-sharing tool for our readers would be welcomed.

 

Newsletter editor: Roz Smart telephone: (03) 6233 7832 or email roz.smart@justice.tas.gov.au

The views expressed in articles by external contributors are not necessarily endorsed by the OADC and no responsibility is accepted by the OADC for the accuracy of information contained in this newsletter.

Back to top