Anti-Discrimination NSW

Barred from hotel

Conciliation: Race discrimination 

Published: 23 December 2016

The complainant, a Maori, was a regular drinker at his local hotel. He had elected to self-exclude from the gaming room, but he managed to get into the gaming area on one occasion.

When he went to the hotel the next day to ask why he hadn’t been kept out of the gaming area, he was told by the manager that because he had broken the self-exclusion he was now barred from the entire hotel. He made a complaint of race discrimination, as he thought that someone from a different background would not have been completely barred. 

The new licensee of the hotel denied discrimination but said they were keen to resolve the complainant’s issues. He said there had been some staff turnover and this may have been why the complainant had not been identified when he went into the gaming room. He also said it was unlikely the complainant would have been barred from the hotel as a whole, just the gaming room.

During the process of investigation it was revealed that the complainant had an intellectual disability, which may have contributed to the confusion over the extent to which he had been barred.

At conciliation, the licensee listened to the complainant’s concerns and assured him that he was not barred from the entire hotel. The licensee said the complainant was welcome to return, but the complainant said he was embarrassed by the whole incident and was reluctant to do so.

The licensee therefore offered to meet the complainant outside the hotel, escort him in and introduce him to the new management. The period of self-exclusion had expired by the time of the conciliation and the licensee suggested that the complainant consider whether he wanted to renew it. The complainant was pleased with these outcomes and the complaint was resolved. ​

What does the law say about race discrimination?

It is generally against the law in NSW to treat you unfairly or harass you because of:
  • your race, colour, nationality, descent, ethnic or ethno-religious background

  • the race, colour, nationality, descent, ethnic or ethno-religious background of any of your relatives, friends, associates or work colleagues.

More information on Race discrimination

​​​​Back to February 2017 - Equal Time Newsletter​​​​​​

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