– This case shows that it should be possible to award redress to those who are discriminated against, says Ørstavik.
The Ombudsman decided in the summer that Stian Outbuildings were discriminated against when he was denied by airlines to fly alone to Teneriffe to visit her mother. Outbuilding has Down syndrome, and Norwegian staff at Gardermoen believed he posed a “safety risk” because he was in their opinion, might need extra help.
Aftenposten reported earlier Friday that Outbuildings yesterday announced lawsuit against the English. The reason is controversy about how much he should receive in damages from the company, as well as a claim for reimbursement of attorney fees.
Outbuildings demanded 25,000 million in damages from the company, while the English offered him 2000
Norwegian has apologized for the incident and said Outbuildings were denied access to the flight due to a misunderstanding that arose at the airport on his need for assistance on board.
Must burn more
– I have been very concerned that discrimination must sting more for those who discriminate. Now it is a matter between the parties whether he should be rehabilitated or not, and how much he will get. I have asked the authorities to look at this practice, says Ørstavik.
She believes any redress should be set by an independent party and has suggested that the Equality Tribunal should have this authority. She believes the committee should also be empowered to decide whether the appellant is entitled to free legal aid.
Now it so that people who have been discriminated against themselves must seek redress from the actor in question, and that this set of parties between.
About redress amount says Discrimination and Accessibility Act that “reparation for non-pecuniary damage shall be determined to what is reasonable based on the damage extent and nature of parties and other circumstances.” In this case, the parties have a far different opinion of what they think is a fair redress for discrimination Outbuildings were exposed.
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Huge gap
– It is important to remember that he not only denied a journey. He has been the victim of discrimination, and it is something much more serious. He’s been there on the basis of who he is, and it’s insulting. Immediately, it seems to me that English here should clean up much better, says Ørstavik.
She emphasizes that she has no authority to instruct the company.
English also refuses to pay Outbuildings lawyer costs grievance and discrimination case, because they believe the cost is unnecessary. The company points out that neither the complaint process in the company or the Ombudsman have no costs or requirements as to form, and that this process can easily run itself, possibly with the help of friends and acquaintances. The company also writes that it believes 15,000 dollars sounds more than a lot out.
Same language
Ørstavik say it is relatively common for complainants to use legal process in LDO.
– You should be able to run an appeal process in ourselves. However, it is not uncommon, especially in the face of major players, the aggrieved individual wants extra security by also having your own lawyer. And a meeting with a company such as English, too many perceived as overwhelming.
– For many it is a major barrier to complain. It’s tough to stand up and talk about discrimination, and tough to know that you may be left with all costs, even if you win the case, she adds.
Outhouse ‘attorney Mostly Grounded stresses it is the principle, more than money, which means that the client has varslt that he will go to the cause. Ørstadvik says there is little case law in this area and believes it is important to have several such cases to the court.
– We have too few such cases, and it is important to set guidelines and make a system that stings for those who discriminate, and not just those who are discriminated against, says Ørstavik.
Information Manager Lasse Sandakerveien Nilsen in English told Aftenposten on Thursday night that the company had not had time to consider process the notification they received from Outbuildings Thursday, but the company wanted to continue dialogue and was determined to resolve the matter amicably.
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