The Australian Broadcasting Corporation (ABC) has officially withdrawn a portion of its legal defense in the case brought by former employee Antoinette Lattouf, who claims racial discrimination and unlawful dismissal.

The ABC had previously questioned whether a Lebanese, Middle-Eastern, or Arab race exists, leading to significant media attention and public scrutiny of the broadcaster.

During a court session on Tuesday in Sydney’s Federal Court, barrister Ian Neil SC clarified that the ABC does not dispute the existence of the aforementioned races, nor does it contest that Lattouf identifies as one or more of these groups.

Neil stated, "The ABC does not put in issue...that Ms Lattouf has one or more of those national extractions."

The case centers on Lattouf’s dismissal after she hosted the Mornings show on ABC Radio Sydney for five days in December 2023. Following three days on air, she was let go after sharing a post on social media that highlighted a statement from Human Rights Watch, accusing Israel of using starvation as a means of warfare in Gaza.

Testimonies presented during the hearing included statements from Steve Ahern, a former ABC radio manager, who expressed disappointment over comments made by a senior executive labeling his hiring decision for Lattouf as “ill-informed.” Ahern affirmed that he did not feel pressured or threatened with disciplinary action regarding the backlash from the decision to employ Lattouf.

Lattouf alleges her termination resulted from her political views and ethnic background, asserting that the ABC succumbed to lobbying pressures from pro-Israeli groups who coordinated complaints against her.

She is seeking compensation from the ABC for what she describes as an unfair dismissal predicated on her race and political opinions.

While the ABC maintains that Lattouf was instructed not to comment on the Israel-Gaza conflict during her employment, Lattouf contends that she received no formal directive against posting about the situation.

Ahern confirmed he never explicitly told content director Elizabeth Green to instruct Lattouf to refrain from discussing Gaza on social platforms; however, he acknowledged that clear guidance was provided to Lattouf to adhere to impartiality in her social media presence.

In a related incident, the ABC issued a formal apology following the inadvertent disclosure of confidential information regarding individuals who had filed complaints against Lattouf.

This information, previously protected by a court order, became publicly accessible due to an error in an affidavit associated with the ongoing case.

Justice Darryl Rangiah expressed discontent with this breach of confidentiality, emphasizing the importance of protecting complainants' identities.

Neil, representing the ABC, offered an apology on behalf of the organization, attributing the incident to human error and stated that swift actions were taken to notify the court upon discovering the mistake.

The case continues in court, with both Lattouf and the ABC preparing for further proceedings in the coming weeks.