Resolved complaint (76) about disability discrimination in access to goods, services and facilities
Learn how a complaint (76) about disability discrimination in access to goods, services and facilities was resolved through conciliation.
Summary
- Year: 2023
- Relevant Act: Disability Discrimination Act
- Grounds: Disability aid; Disability
- Area(s): Access to premises; Goods, services and facilities
- Settlement terms:
- Access to premises provided
- Apology - private
- Anti-discrimination/EEO training reviewed/revised
About the complaint
The complainant was recovering from back surgery and used a walking frame. She attended the respondent hotel and said there was no accessible bathroom. The complainant said the cubicle was too narrow and so she had to leave her walking frame outside the cubicle. She claimed that, due to the lack of handrails in the cubicle, she was then unable to stand and became trapped in the cubicle. The complainant said her partner was able to assist her with the cubicle door open. The complainant alleged that when she raised the issue with a staff member she felt the staff member was dismissive of her experience. The complainant said she felt distressed and embarrassed by the incident.
The hotel owner advised the hotel is very old and the building is heritage listed, having undergone its last major refurbishment several decades ago. The hotel advised that it undergoes regular building inspections and the accessibility of toilet facilities has never been raised.
The complaint was resolved by conciliation. The hotel apologised to the complainant for her experience. The hotel undertook to install rails in at least one of the bathroom stalls for men and women and to explore the option of installing an accessible toilet should the hotel be refurbished in the future. The hotel also undertook to continue to talk to its staff about their responsibilities towards patrons with disability.
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