Gay sackings on the rise
Reports of sexuality and trans discrimination to the Australian Human Rights Commission have risen again in the last year, despite the continued lack of a federal sexuality discrimination act.
Individual cases of anti-gay or trans discrimination have risen 18 percent to 185 since July 2007, mostly related to employment. Only 15 of those reports were pursued as complaints, according to the Commission’s annual report released this week.
It further revealed complaints made under the dedicated sex, race, age and disability discrimination acts were conciliated 45 to 74 percent of the time, while less than quarter of non-legislated areas like sexuality could be considered successfully resolved.
One of those conciliations resulted in a $5000 compensation payout to a call centre worker subjected to harassment by his manager.
The manager would repeatedly call him -˜big gay bird’ and -˜poof’ and, on one occasion, said to him, -˜Get away from my arse, you poof.’ He claimed that, because of the manager’s behaviour, other staff also called him these names, the report stated.
The sales representative was sacked and his complaints initially dismissed as just a joke before his case was successfully conciliated through the Commission’s complaint service.
Labor promised to introduce sexuality anti-discrimination legislation in the lead-up to the 2007 federal election, but later removed it from its first term priorities -” replaced with family law reforms recognising same-sex couples and their children.
Commissioner Graeme Innes said he was also looking forward to same-sex discrimination in federal laws being eliminated with the successful passage of recommendations from his 2007 Same-Sex: Same Entitlements report.
We hope that we will finally see the removal of discrimination against people in same-sex relationships in federal law with the passage of the reform legislation, Innes said.
The Commission also began a national charter of rights project in June this year with a roundtable meeting of supportive organisations, aimed at fostering a coordinated approach ahead of the government’s forthcoming national consultation on human rights protections.
HREOC also completed significant internal research work regarding charter issues and commenced development of a plan for ongoing charter of rights work, with a focus on facilitating community engagement in the national consultation.
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Perhaps, the Australian Human Rights Commission has raised its profile in the GLBT community via the Same-Sex Same Entitlements inquiry so that more people are coming forward to make a complaint?
This may not necessarily mean there has been a rise in gay sackings – but rather a rise in reporting.
For anyone thinking of making a complaint, I really would advise you speak to a community legal centre (like the Inner City Legal Centre) as they may be able to help you on whether to make a complaint under federal law (i.e. via the Australian Human Rights Commission) or under NSW law (i.e. via the Anti-Discrimination Board).
If you or any of your mates or colleagues have been a victim of sexual harassment or discrimination on the basis of your sexuality (or presumed sexuality), you are better off waiting until January 2009 (provided you are still within 12 months of the sexual harassment/discrimination occurring)and lodging an Anti-Discrimination Board complaint. This is because it is expected that the Administrative Decisions Tribunal Amendment Act 2008 will have been proclaimed by this date meaning that you will now be able to receive maximum damages of $100k as opposed to $40k (which is the maximum amount at the moment). Also, Australian Human Rights Commission matters are progressed to the Federal Court if they’re not conciliated and if you have a weak case and you lose in the Federal Court, you will most likely have to pay your adversaries costs (as well as your own costs).
However, after your Anti-Discrimination Board complaint has been accepted and referred to the Administrative Decisions Tribunal (ADT), you are unlikely to have to pay your adversary’s costs in the ADT and can easily represent yourself. In fact, in general, I recommend you don’t engage a lawyer. To make such a recommendation, it’s evident that I’m not a lawyer as I’m sure I could be disbarred for making such a comment…though there is an “Erin Brokovitch” like film being written about me by the bloke who wrote “The Wedding Crashers” if that shines your boots for you!!!
Nonetheless, after two years of being self-represented and fighting my former employer in the ADB and ADT, I am experienced enough to offer advice and coach you through the ADB and ADT processes FOR FREE (note this lawyers!)simply because I have been grossly wronged by my former employer and I would hate others in the community to suffer similarly.
Remember, the only person who fully understands your case IS YOU. Lawyers are only used car salespeople hunting for dark dark truths in a sea of shiny dollars.
I can be contacted through the “Sydney Star Observer” if you need my assistance.
Cheers
Bruce Thompson