De Blasio v Melba Support Services INC.

In *De Blasio v Melba Support Services INC.*, the applicant, Ms. De Blasio, brought proceedings against the respondent, Melba Support Services INC., alleging unlawful discrimination on the basis of her disability. The matter was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether Melba Support Services INC. had unlawfully discriminated against Ms. De Blasio by failing to provide her with reasonable adjustments to her workplace, thereby causing her disadvantage. This involved determining whether Ms. De Blasio's condition constituted a disability under the relevant legislation and, if so, whether the respondent had taken all necessary steps to accommodate her needs.

Judge Riethmuller found that Melba Support Services INC. had failed to make reasonable adjustments for Ms. De Blasio's disability. The Court reasoned that the respondent had not adequately considered the impact of Ms. De Blasio's condition on her ability to perform her duties and had not engaged in a sufficiently thorough process to identify and implement appropriate adjustments. The Court applied the principles of the *Disability Discrimination Act 1992* (Cth), emphasizing the positive obligation on employers to make reasonable adjustments to prevent disadvantage to employees with disabilities.

The Court ordered that Melba Support Services INC. pay Ms. De Blasio damages for the discrimination she suffered.