Date: 17/01/2012
Source: Pro Bono News, Pro Bono Australia
Synopsis: The recent Federal Court’s decision to uphold Jetstar’s discriminatory two wheelchair policy has prompted People with Disability Australia (PWD) to call for changes to Australia’s anti-discrimination laws.
Sheila King brought the action after Jetstar refused her access to a flight in 2008 on the basis that there were already two passengers using wheelchairs on board. She was forced to rebook another airline at a higher cost. The Federal Court accepted that Jetstar had discriminated against King, but rules that Jetstar would have experienced ‘unjustifiable hardship’ if it had not refused her access. King has been left with $20,000 to pay in court costs.
PWD has criticised the decision as a major blow against the rights of people with disability. PWD highlights the need to reform the Disability Discrimination Act, which they say places a strong onus on individuals with disability bringing claims, who must also carry the risks if a complaint goes to court. PWD recommends that this injustice be dealt with in the current Australian Government process for reform of anti-discrimination laws.
