Dispute resolution
in action
The Commission’s dispute-resolution service is impartial, flexible and
free, and is offered for discrimination complaints and complaints
of sexual harassment, racial harassment, racial disharmony and
victimisation for having made a discrimination complaint. Mediation can
provide an important outcome to a person who has been discriminated
against and on occasion enables widespread systemic change. The
Commission also uses the evidence collected through the disputeresolution process to understand where structural discrimination may
exist, which in turn informs its education, policy and broader research
work.
Complaints can be made in any language and the Commission arranges
a free interpreter or New Zealand sign-language interpreter if needed.
As well as resolving the particular situation for the individual, mediation
provides a good opportunity to address the underlying cause of the
complaint. Over the year, 42 outcomes were recorded that addressed
systemic discrimination.
• Disability discrimination is one of the most commonly reported
complaints to the Commission. Examples of mediated systemic
outcomes include: purchase of a hoist at a hydrotherapy pool;
enabling access for disabled swimmers; a school board changing
procedures to improve consideration of autism in suspension/
exclusion cases; a supermarket providing staff training about
customers with disabilities, particularly where symptoms of disability
may appear as intoxication; and a government agency implementing
a nationwide policy to help staff to respond appropriately to clients
with assistance dogs. A major transport provider worked with the
Blind Foundation to develop an app for visually impaired customers
to announce stops and fares. Many more mediations resulted in
reviews of processes that directly or indirectly have a negative or
unfair effect on people with a disability.
• Employment and pre-employment discrimination account for
42 percent of complaints. Outcomes resulting in systemic changes
included: changes to parental leave and breastfeeding policies;
changes to advertising/pre-employment practices so as not to
risk breaching section 67 of the Human Rights Act; and diversity
training for organisations where race complaints had been made.
There were many occasions where it was agreed sexual harassment
policies would be updated and more widely promulgated within the
workplace.
• In other examples, a local authority reviewed its policy on age
restrictions for pensioner accommodation; two major public
service providers developed policies on mothers breastfeeding their
infants and held staff induction courses to ensure the policies were
implemented.
Annual Report 2018
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