Case study 4 – A medical condition does not mean inability to do the required work
Trindall v NSW Commissioner of Police,2005, Federal Magistrates Court of Australia
Facts : Bradley Trindall was a New South Wales police officer with an inherent sickle cell condition, an inherited disorder that affects red blood cells. Mr Trindall alleged that he was placed on restricted duties after a medical examination revealed the condition, and was at one stage threatened with discharge from the police force on medical grounds.
Decision : It was found that Mr Trindall was directly discriminated against on the basis of his disability. The Court found that the Police Medical Officer (PMO) who placed the unnecessary restrictions on him treated him less favourably than he would have treated someone in the same or a similar situation. The officer’s medical certificate stated that he was fit and healthy but needed to take precautions in some situations. The PMO failed to enquire about the precautions noted in the certificate where, in other situations, he would have.
Case study 5 – School made “flawed assumptions” in decision to not accept enrolment
Scarlett Finney v The Hills Grammar School, 2000, Australian Human Rights Commission
Facts: Scarlett Finney was born with Spina Bifida. In 1997 her parents, Bernadette and Scott Finney, sought to enroll her in the kindergarten class at a private school. The covering letter noted that she had Spina Bifida and required a school with certain specifications, for example wheelchair accessibility. Following an interview, the school informed her parents that it would not offer Scarlett a place, saying it did not have adequate resources to look after her in the manner she required.
Decision: The Commission found that the Hills Grammar School discriminated against Mr and Mrs Finney on the grounds of Scarlett’s disability. It described the school’s decision as “genuine but misguided”, “based on general and often flawed assumptions”. The Commission encouraged the parties to discuss settlement, however the school applied to the Federal Court for review of the decision. It dismissed the application, with costs.