Over the past few months, we have been dealing with some issues surrounding disability discrimination in workplaces throughout the State.
Disability comes in many forms, and the major concerns facing our members in this area are that of illness discrimination both permanent and temporary.
Late last year, we received a call from a young member who was epileptic and had suffered a seizure at work.
She was concerned for her safety as she worked in an isolated area in a supermarket at night. Also, due to her seizure she was unable to drive and her shift ended at midnight, which meant that she was dependant on her mother to pick her up and drive her home after work.
Her mother worked full-time, which also made things difficult.
Our member’s GP certified that her medical condition required her to have early nights and limited stress. This meant that her working hours were not conducive to managing her illness.
The SDA sought advice from Epilepsy Tasmania in order for us to better understand our member’s condition, and we were then able to assist this member despite resistance from the company concerned.
A short time later, we were contacted by another member who was also an epileptic, had also experienced a seizure at work and had suffered a trauma to his head as a result. He had been taken to hospital for treatment.
The seizure had been provoked by a change to his medication and he was provided with a certificate confirming this.
When our member returned to work, he was advised that he could no longer retain the position he had held prior to his seizure. The company claimed that he was a Workplace Health and Safety risk.
We made contact with the company who refused all attempts by us to obtain a satisfactory outcome for our member and to educate management and staff on epilepsy and correct procedures in the event of another seizure.
Completely unacceptable comments made by both companies with relation to our members’ illness disability included:
- “We wouldn’t have employed her if we had ”
- “He bled everywhere and wasn’t even sorry that other people had to clean it ”
- “He wasn’t sorry that he caused such a disruption to the ”
Despite our attempts to assist our member, the company stood fast on its decision to move him.
The SDA National Office became involved and evidence was gained from Epilepsy Tasmania and the Anti- Discrimination Commission.
The company was eventually left with no alternative but to concede.
Our member still remains in his original position, and Epilepsy Tasmania was commissioned to provide a training session in the workplace to educate and avoid discrimination from management and other employees in the future.
There had also been reports from Delegates stating that strobing lights were not being attended to in workplaces which can, in some cases, contribute to epileptic seizures, despite these matters being brought to the attention of management.
EDUCATION IS THE KEY
As a result of these issues, we included a session at the Delegates conference in May where Katie Biddlestone, National Women’s and Industrial Officer, spoke about discrimination, and Bronwyn Stirkul, Education and Training Co-ordinator for Epilepsy Tasmania educated all Delegates on epilepsy in general, discrimination, the law surrounding discrimination and the services they can provide to workplaces.
Shortly after the conference, we were contacted by another member who had also experienced discrimination in her workplace as a result of epilepsy.
This time her hours had been reduced, putting stress on her and her family.
Once again the company stood fast on its decision, but this time we were better equipped to deal with the situation and the matter was rectified in a timely manner, reducing emotional stress to our member.
Fortunately, not all companies are the same and we have also been advised by one of our Delegates from a Kmart store as to the positive treatment given to her when she advised her store manager of her epileptic condition.
Our member was accommodated with shifts that would suit her and the store manager assisted her with travel to and from work as she was restricted from driving.
Companies have an obligation by law to provide a healthy and safe workplace.
CONTACT US
If anyone is experiencing discrimination due to a disability, illness or any other reason, please contact us immediately.
For further information or advice on epilepsy, we encourage members to phone Epilepsy Tasmania on
1300 852 853 or 6344 6881 or visit www.epilepsytasmania.org.au.