Unwelcome jokes made about clothes, race and hairstyle

Ahmad* is in his late 50s and was employed as a software engineer. He liked to wear flamboyant, colourful clothing, which together with his hairstyle, often drew the attention of his work colleagues. His colleagues would make unwelcome jokes about his race, hairstyle, clothes, and his participation in dance fitness classes. 

When Ahmad had an accident outside of work, he felt pressured to return even though he didn’t feel ready. Following his return to work, Ahmad was terminated for performance issues.

Ahmad lodged a complaint with ADNSW on the grounds of race, disability, and presumed homosexuality. ADNSW investigated the complaint by obtaining relevant information from both parties.

Ahmad said that he experienced various forms of discriminatory treatment and unlawful victimisation in his workplace. Ahmed denied any performance issues. He said the reason he was terminated was because he made complaints to his employer about the prior treatment.

The employer denied any victimisation or discrimination. The employer said Ahmad had not made complaints of discrimination previously, until the date of termination. The employer maintained that Ahmed had been terminated solely because of performance issues.

The matter was resolved at a conciliation conference on the basis of a monetary settlement.

*Name has been changed to protect the privacy of the individual