Banu* identifies as a Bangladeshi Muslim. She worked as an Early Childhood Educator in a long day care centre.
Banu said that co-workers had told her on numerous occasions that she should remove her hijab because the children were frightened of her. This and other issues, which Banu said involved workplace bullying, caused Banu to resign from her job.
Banu lodged a race discrimination complaint with Anti-Discrimination NSW (ADNSW). ADNSW investigated the complaint by getting relevant information from both parties and held a conciliation conference.
The employer said that while Banu had complained about other workplace issues during her employment, she had never bought this particular issue to their attention. The employer said it had no tolerance for race discrimination and supported its multicultural workforce. The employer said that it had policies about anti-discrimination and grievance handling. However, it acknowledged that there may be instances where members of staff may behave inconsistently to their expectations.
Banu acknowledged that she had not bought this particular issue to the employer’s attention while she was employed. Despite this, the employer provided a verbal and written apology to Banu for her experience, which Banu accepted in settlement of her complaint.
Note: The Anti-Discrimination Act 1977 (NSW) defines race as including ethno-religious origin. Discrimination on the ground of a person’s race includes characteristics that generally relate to persons of that race. The wearing of a hijab may, in some circumstances, be considered characteristic of women of certain ethno-religious origins.
* Name has been changed to protect the privacy of the individual
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