Mediation Case Studies PASSPORT PROCESS CHANGING THE WORKPLACE CULTURE A mediation resulted from a complaint that the Department of Internal Affairs passport application form was discriminatory as it requires more steps for a person to get a passport with a gender classification of X than for a classification of F or M. The mediation resulted in an agreement that the requirement for a statutory declaration would be removed from the application form; a tick box field ‘gender diverse’ would be included on the form which would generate an X on the passport. Information would be provided on the application form which would instruct the applicant on the implications of having X on their passport. An employee, with assistance from his union, complained to his employer about co-workers making comments of a racial nature, over several years. The remarks included referring to him as a ‘black …..’. He also heard comments made to other Māori employees. The mediation resulted in an agreement that the company would hold a session on respectful relationships at work; the employee would make a presentation about harassment and the impact racial harassment has had on him; the company’s Harassment Policy would be updated; and the company will create a cultural committee in the workplace to take the lead on issues of diversity and cultural understanding. RECRUITMENT QUESTIONS A woman applied for a job and was asked on the application form for her date of birth, marital status, the number of dependants she had, her country of birth, and whether she had any disabilities. The mediation resulted in the company agreeing to remove questions that appear to discriminate or indicate an intention to discriminate from the application form. Some examples of other enquiries and complaints • During the COVID-19 lockdown, supermarket staff limited the number of items she bought as they thought she was a trader, because she is Asian. • During the COVID-19 lockdown, a courier signed her parcel as “COVID-19” when he delivered it because she is Asian. • A complaint a dairy was selling “golliwog” dolls and should stop because they cause racist suffering to African Americans and people of colour. • Complaints were received that a DHB was implementing a policy to prioritise Māori and Pacific people on elective surgery waiting lists. • Many complaints about a social media sermon that people thought was homophobic and racist. 23