Recently a cartoon was published in the West Australian newspaper with a racist slur. The West Australian did the right thing and apologised for any offence caused and removed the cartoon from its publication.
At the Commission we aim to conciliate complaints of discrimination and in that process, complainants often come to conferences with an idea of outcomes they would like from it. In most instances, complainants will seek an apology as part of those outcomes.
A genuine apology carries a lot of weight in the conciliation process. It is an acknowledgement of the complainant’s distress and, in some instances, has the power to resolve a complaint rather than it going to the State Administrative Tribunal where it can become a costly legal process.
In the past three financial years apologies, policy changes and monetary payments were recorded as the top three outcomes for conciliation.
Many complainants come to the process with an apology as the only desired outcome; such as a man who was called ‘a senile old coot’ by his colleague at work or the woman who was asked by her potential employer at a work trial if she watched porn and had sex with her boyfriend.
Even though both scenarios were offensive and distressing to the complainants, both complaints settled with only an apology.
It is something to keep in mind as people navigate social media and the realm of public comment.
If what you have written or posted causes someone offence, a genuine apology may be all that you need to make things right.
Yes, public comment of any sort should endeavour to not discriminate, harass or cause offence in the first place, but if it does, I encourage those causing offence to say sorry and acknowledge the other party’s feelings.
WA Commissioner for Equal Opportunity
Dr John Byrne
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