Resolved complaint (308) about disability discrimination in employment

About the complaint

The complainant has postural arthostatic tachycardia syndrome (POTS) and mast cell activation syndrome. She was employed on a casual basis as a retail assistant with the respondent charity.  For those with POTS, standing can cause an abnormally rapid heart rate and a range of symptoms due to poor blood circulation. She alleged the charity declined her request to be able to sit on a chair and have breaks of 5-10 minutes during presyncope episodes, which occur about twice a week. She alleged she was told the chair could become an obstruction and encourage laziness among other staff and that breaks would increase pressure on other staff. She also alleged the charity removed her from the roster after she requested adjustments to accommodate her disability.

The charity claimed there were no reasonable adjustments it could make that would enable the complainant to safely perform the inherent requirements of her role.

The complaint was resolved by conciliation with an agreement that the charity pay the complainant $12,000. The parties agreed to end the employment relationship.

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