Resolved complaint (198) about sex discrimination in employment

About the complaint

The complainant said he was required to undertake a breathalyser test and urine drug test as part of a pre-employment medical assessment for the respondent company. The complainant said he expressed concerns about the fact that the urine test would be undertaken with the toilet door open and in the presence of a female nurse. He said his employer told him drivers working for the company would be required to regularly undergo such tests. The complainant objected to the test on the basis that he considered a woman would not be required to undertake a urine test in the presence of a male nurse. The complainant said the company then terminated his employment.

The company denied the allegations of unlawful discrimination but indicated a willingness to participate in conciliation.

The complaint was resolved by conciliation with an agreement that the company pay the complainant approximately $2,160.

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