Ibarra Campoverde v Regional Health Care Group Pty Ltd

In the matter of *Ibarra Campoverde v Regional Health Care Group Pty Ltd*, the applicant, Ms Ibarra Campoverde, brought proceedings against the respondent, Regional Health Care Group Pty Ltd, alleging 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 discriminated against the applicant on the grounds of her race and/or disability, contrary to the provisions of the *Racial Discrimination Act 1975* (Cth) and the *Disability Discrimination Act 1992* (Cth). The applicant contended that she was subjected to adverse treatment in her employment due to these protected attributes.

Judge Cameron considered the evidence presented by both parties, including testimony and documentary material, to assess whether the respondent's actions constituted unlawful discrimination. The Court applied the relevant legal tests for establishing discrimination under the Commonwealth legislation, focusing on whether the applicant was treated less favourably than a hypothetical comparator in similar circumstances, and whether her race or disability was a substantial cause of that treatment. The Court also examined the respondent's asserted reasons for its conduct to determine if they were legitimate and non-discriminatory.

The Court found that the applicant had not established that she was discriminated against on the grounds of her race or disability. Accordingly, the application was dismissed.