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Can I be refused entrance to a nightclub because of the way I look?

I have been refused entrance to a nightclub several times in the past month as the bouncers say they don’t want any Arabs there. Apparently there was a fight a while ago between some “Arabian looking guys” and since then anyone who looks “Arabian” has been refused entry. Can they do this?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 24-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Anti-Discrimination
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kate Dodgson of [author’s firm]:

  • This is racial discrimination and is prohibited under state and federal laws.
  • You should try to contact the manager and explain the situation.
  • If you are ignored or are not happy with the manager’s response then you should file a complaint in your state or territory’s discrimination commission.
  • You could seek:
    • an apology,
    • an acknowledgment that the behavior was discriminatory,
    • a promise to train staff on anti-discrimination, and
    • an undertaking that any staff who act in this way again will be disciplined.

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