Rowe v Emmanuel College (No.2)

Rowe v Emmanuel College (No.2) concerned a dispute between the applicant, Ms. Rowe, and the respondent, Emmanuel College. Ms. Rowe alleged that the College had discriminated against her on the basis of her disability, contrary to the provisions of the *Anti-Discrimination Act 1977* (NSW). The matter came before Judge Jarrett of the District Court of New South Wales.

The central legal issue before the Court was whether Emmanuel College had unlawfully discriminated against Ms. Rowe by failing to make reasonable adjustments to its employment arrangements to accommodate her disability. This involved determining whether Ms. Rowe's condition constituted a disability within the meaning of the Act, and if so, whether the College had taken all reasonably practicable steps to accommodate her needs, thereby avoiding indirect discrimination.

Judge Jarrett found that Ms. Rowe's medical condition did constitute a disability under the *Anti-Discrimination Act 1977* (NSW). The Court considered the evidence presented regarding Ms. Rowe's requests for adjustments and the College's responses. It was held that the College had failed to make reasonable adjustments, and therefore, had engaged in unlawful indirect discrimination. The Court applied the principles of indirect discrimination, focusing on whether the College's actions or omissions placed Ms. Rowe at a disadvantage due to her disability, and whether these actions were not justifiable.

The Court ordered that Emmanuel College pay Ms. Rowe damages for the discrimination she suffered.