Dube v Hills Community Options Inc

In the matter of *Dube v Hills Community Options Inc*, the applicant, Ms Dube, brought proceedings against the respondent, Hills Community Options Inc, alleging unlawful discrimination on the basis of her race and disability. The case was heard in the Federal Court of Australia.

The primary legal issues before the Court were whether the respondent had unlawfully discriminated against the applicant under the *Racial Discrimination Act 1975* (Cth) and the *Disability Discrimination Act 1992* (Cth). Specifically, the Court was required to determine if the respondent's actions, including the termination of Ms Dube's employment, constituted direct or indirect discrimination on the grounds of her race and/or disability.

Judge Heffernan found that the respondent had unlawfully discriminated against Ms Dube on the basis of her race. The Court concluded that the respondent's stated reasons for termination were not the true reasons, and that the applicant's race was a significant factor in the decision. The Court also considered the applicant's disability, but ultimately found that the discrimination established was on the ground of race. The legal principles applied included the tests for direct and indirect discrimination under the relevant Commonwealth legislation, and the assessment of motive and causation in employment termination.

The Court ordered that the respondent pay Ms Dube damages for the discrimination suffered.