NSW Health worker left 'violated' by medical check awarded $50k compensation

Soneva Donald-Stanton has won a disability discrimination case against a NSW Health agency. (ABC News: Michael Donnelly) Soneva Donald-Stanton was discriminated against because of her disability while working for Western Sydney Local Health District (WSLHD), the Civil and Administrative Tribunal has found. Against her wishes, the admin officer was subject to a workstation and medical assessment which the tribunal found caused her hurt and humiliation. WSLHD says it will review the tribunal's findings. Link copiedShareShare articleAn admin officer has been awarded more than $50,000 in compensation after a tribunal found a NSW Health agency discriminated against her due to her disability. Soneva Donald-Stanton has no function in one of her hands and limited mobility in her neck due to a musculoskeletal condition called Klippel Feil syndrome. She had worked in administration for more than 14 years and said her condition had never interfered with her ability to perform her role. But Ms Donald-Stanton said she became concerned about the way she was being treated by management several months after she started working at Western Sydney Local Health District's (WSLHD) Aboriginal Health Strategy department in December 2021. Despite not requesting any assistance or modifications, she said she was referred for a workstation assessment and medical check after her manager raised concerns about her physical limitations and questioned her ability to complete office tasks. Ms Donald-Stanton did not request any assistance, but was still referred for a medical check. (ABC News: Michael Donnelly) Ms Donald-Stanton said the medical assessment was "very intrusive", lasted four hours and left her feeling "violated". "It included a physical examination, it included me giving a lot of personal health information, it involved a cognitive test which I found extremely insulting," she said. The practitioner who conducted the assessment found Ms Donald-Stanton could only continue in her role if her workplace could accommodate a number of conditions. These included modifications to her commute to the office and restrictions on colleagues talking to Ms Donald-Stanton about her disability, conditions which Ms Donald-Stanton was told could not be met. She was subsequently declared unfit for work and placed on leave. Ms Donald-Stanton went on to pursue legal action against her employer, with the Civil and Administrative Tribunal in April finding she had been discriminated against. In a statement to the tribunal, Ms Donald-Stanton's manager said she had been "concerned that there was more [the workplace] could be doing" to support the admin worker. The manager said she was worried "without additional supports [WSLHD] may be exposing [Ms Donald-Stanton] to risks to her health and safety". Ms Donald-Stanton says the medical assessment was intrusive. (Unsplash: Frederick Medina) But the tribunal found her manager failed to identify why she thought Ms Donald-Stanton's health and safety was at risk at work. "It was only because [her manager] observed that [Ms Donald-Stanton] had a physical limitation in her hand and in turning her head that she initiated the course of less favourable treatment," the tribunal found. WSLHD was ordered to apologise to Ms Donald-Stanton and provide all managers with disability discrimination training. The tribunal found Ms Donald-Stanton should receive $55,000 in damages for the "hurt, humiliation and injury to feelings" she suffered in the workplace. A WSLHD spokesperson said the agency was reviewing the tribunal findings. "Western Sydney Local Health District is committed to providing a safe workplace and treating all employees with respect and fairness," the spokesperson said in a statement. Ms Donald-Stanton says the decision is important for the disability community. (ABC News: Michael Donnelly) Ms Donald-Stanton said her experience was the realisation of a long-held fear of being treated differently because of her physical disability. "I experience it all the time, the assumption that you're incapable … that you're cognitively impaired because of the way you look," she said. "I'm astounded that there are still these kinds of attitudes out there in the community. Ms Donald-Stanton said the findings marked a significant win for the disability community. "There were a few things that kept me going [through the legal proceedings] and it was the fact that I did not want this to happen to anyone else and that we needed to move the needle in regards to how seriously it is taken and treated," she said. "I honestly couldn't care less about the money, but it's the fact that it sends a clear signal to the employer that if you do not do the right thing, it will be a significant economic cost to you." Ms Donald-Stanton was represented by Women's Legal Service NSW during the proceedings, with assistant principal solicitor Sharmilla Bargon saying people with a disability were best-placed to und

NSW Health worker left 'violated' by medical check awarded $50k compensation

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