Discrimination warning for SA businesses after customers refused services for wearing face masks
Three Adelaide retailers are being investigated for refusing to serve people wearing protective masks, with warnings they could end up before a tribunal for discrimination.
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SA businesses are being warned about unlawful discrimination against customers wearing masks after three separate instances in two weeks where service was refused.
Equal Opportunity Commissioner Dr Niki Vincent is looking into the three complaints made against three different retail outlets in metropolitan Adelaide.
“In each of these instances, customers were told they wouldn’t be serviced because they were wearing a mask,” Dr Vincent told The Advertiser.
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“Many people are now currently choosing to wear a face mask as a protective measure to help
prevent them from contracting COVID-19.
“These may be those at higher risk of serious illness as a result of infection, such as older people, those with chronic illness or a disability, for whom a face mask may provide an added sense of security and protection.
“As SA prepares to ease COVID-19 restrictions, masks may become the new normal just as it has in a number of places around the world where lockdowns are either in place or being eased gradually.”
The complaints are currently being investigated, but if the matters are not resolved Dr Vincent will refer them to a tribunal, which will result in more details being made public.
“In the current climate, businesses need to take reasonable steps to comply with public health measures and minimise the spread of COVID-19,” Dr Vincent said.
“But they need to be careful that in adopting these measures they don’t discriminate against
someone on the basis of presumed illness, race, disability or age.
“They need to understand that their obligations under the Equal Opportunity Act continue in the current climate.
“It is unfair to assume that because they are wearing a mask they must be sick and that this is a valid cause for exclusion.
“Businesses that deny entry or service on these grounds could face a complaint under the Act.”
Businesses with a reasonable belief that a customer or staff member has symptoms associated with COVID-19 are within their rights to take appropriate ‘reasonable’ action to ensure that the disease is not spread.
Dr Vincent called for unity and compassion as the community navigates through COVID-19 and beyond, but urged anyone experience discrimination for wearing a mask to lodge an official complaint through the EOC website.