In McBride v Victoria No 1 McInnis FM considered issues surrounding the return to work in of an employee with a disability which resulted from a workplace injury. If the employer would treat any employee the same who was absent from work for some weeks third party harassment sex discrimination act usa in to Coffs Harbor or not the employee had a disability or not then this would not constitute discrimination under the DDA.
Consequently, he argued, s 15 4 of the DDA had no application. He also complained that he had been locked down in a Management Unit of Port Philip Prison for 23 hours a day for 9 days during which he was unable to access exercise facilities. The respondent claimed that its treatment of the applicant had been because of his poor work performance, not his disability.
We note that, under these proposed regulations, recipients are required to provide parties with advisors to conduct cross-examination if they do not have an advisor present. The effect of the House of Lords decision is that it is not unlawful to discriminate on the grounds of sexual orientation, provided that employers treat homosexual men and women equally.
Also, if the recipient decides later to investigate allegations not included in the notice provided pursuant to paragraph b 2 i Bthe recipient must provide notice of the additional allegations to known parties. The Department recognizes that when a party is a minor, has been appointed a guardian, is attending an elementary or secondary school, or is under the age of 18, recipients have the discretion to look to state law and local educational practice in determining whether the rights of third party harassment sex discrimination act usa in to Coffs Harbor party shall be exercised by the parent s or guardian s instead of or in addition to the party.
In determining whether a homosexual employee had been less favourably treated, the appropriate comparator should be a homosexual member of the opposite sex, rather than a heterosexual member of the opposite sex.
McHugh and Kirby JJ thought motive was not relevant. The obligation to provide reasonable adjustments arises from ss 4. That subsection provides:. Crucial to the Rich case are allegations that one partner left handwritten notes urging her to come to his room during a conference in
TAFE required Mr Ferguson to comply with the requirement or condition that he undertake his learning and complete his course within a reasonable time without the benefit of a needs assessment. What Rich says:. The approach of the majority in [ Purvis ] makes it clear that the circumstances attending the treatment of the disabled person must be identified.