Goodstart Early Learning introduced a policy that prohibited infants from wearing cultural necklaces during sleep time. The Applicant alleged that the policy and removal of her son’s cultural necklace constituted prohibited conduct pursuant to s 24 of the Anti-Discrimination Act 1992 (NT). The applicant’s contention failed. Although Goodstart’s conduct prima facie amounted to discrimination, it was not unreasonable and was motivating by overriding concerns for health and wellbeing. Additionally, the financial burden required to safely effect an accommodation would be onerous and unreasonable.
Salwa Marsh appeared for the respondent, instructed by Goodstart Early Learning Limited.
The order and reasons are available here.
