PPRuNe Forums - View Single Post - Taking on An Airline for Discrimination- Whos been there?
Old 10th Jan 2004, 14:11
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The Voice
 
Join Date: Jan 1998
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Bendigo ..

you don't say which state you're in or where this happened, but based on your nic, I've punted that it is Vic.

My advice would be to make a time to attend and speak personally with one of their (The EOC Vic) officers and tell them the story/issue(s).

They are the ones that will counsell re the best course of action to follow.

Now, I know that the following is not aviation specific, but an individual took on the government agency that was employing, (but not initially him - he was passed over for recruitment).

He made enquiries thru' the EOC of his state/territory. They (the EOC) approached the relative recruitment body/person and quietly asked them what/how/when they arrived at the decision.

When it all came out, the facts were thus:

Yes, he has a disfigurement,
the reason given for non selection was that in the opinion of the recruiter, this disfigurement would preclude him from completion of all training/tasks required, in particular the firearms training.

When asked, the recruiter had to admit that there had not been at any time during the physical testing (as required at that time) to test specifically if this/or any person could complete/do that task.

The EOC advised that they could not justify without doubt that he could not do the job.

Negotiation = him volunteering to complete a test to see his ability to meet the training standard. He did it, both 'hands', better than an able bodied person.

Result? said recruiter could not successfully argue that the male with the deformity was not discriminated against at the time of recruitment, and together with him ably demonstrating that he could in fact complete the training, ensured him a place on the next recruit intake.

He successfully completed his training.

The physical testing component of the recruitment has been amended to hopefully include the appropriate demonstration of what may be required in the job if there is some sort of deformity.

no nasty litiguous event took place, all very quickly and quietly dispensed with.

His disfigurement? one x normal hand and one arm with partial hand formation, no fingers to speak off, but three 'buds' that he has over the course of his life learned to manipulate everything that everyone else does with normal fingers.

Now, I realise it isn't age that was his issue, however it is illegal to disallow anyone from employment on that point.

But I have demonstrated that not every issue that is raised, is one of discrimination that needs to get to the point of a trip to the local court, or god forbid .. the High Court ..

contact the EOC in your state, every EOC operates under the federal requirement ...
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