LI and EDITH COWAN UNIVERSITY

In the case of Li and Edith Cowan University, the Federal Circuit Court considered whether the university had indirectly discriminated against Dr Li, who has a psychiatric impairment. Dr Li brought this action under the Commonwealth’s Disability Discrimination Act, alleging that the university had imposed a condition or requirement that he attend a disciplinary meeting, despite his impairment. The court needed to determine whether the university's actions amounted to indirect discrimination under the Act.

The legal issues before the court were whether the invitation for Dr Li to attend a disciplinary meeting amounted to a requirement or condition under s 66A(3) of the Act and whether the meeting’s continuation, despite Dr Li's impairment and unfitness for duty, constituted indirect discrimination. The court held that the expression 'requirement or condition' should be construed broadly, as per Waters v Public Transport Corporation. However, the invitation for Dr Li to attend the meeting did not constitute a requirement or condition, as he was merely given an opportunity to attend. The court found that the university's decision to proceed with the meeting in Dr Li's absence was not based on his impairment but on his physical absence in China. The court further noted that the subsequent meeting on 19 November 2010, which Dr Li attended with a support person, was not unreasonable given the circumstances.

The court concluded that Dr Li’s claim of indirect discrimination failed to satisfy the requirements of s 66A(2)(b) of the Act. The meeting's continuation, despite Dr Li's impairment, was not unreasonable as he had attended with support, and there was no basis to conclude that he was required to participate under his condition. Therefore, Dr Li's claim did not succeed.