Know your Rights: Disability Discrimination | Article

What is disability discrimination?

Disability discrimination means treating people with disabilities worse than people without disabilities when they are in the same situation. For example, if a restaurant or nightclub does not let a person with a guide dog inside, that’s called direct disability discrimination.

It is also disability discrimination if a rule or policy affects people with a particular disability more unfairly than others. This is known as indirect discrimination. For example, if a public building only has stairs for entry, people with disabilities who use wheelchairs can’t enter the building. This can be indirect disability discrimination.

How can I be protected from disability discrimination?

The Disability Discrimination Act says that it’s against the law to treat someone unfairly because of their disability. This means you are protected by the law if you have a disability now, had one in the past, might have one in the future or if people think you have a disability.

The law also protects the family, friends and caregivers of people with disabilities.

What does the Disability Discrimination Act do?

The Disability Discrimination Act protects people with disabilities from being treated unfairly in many areas of public life. This includes things like:

The law also protects you if you are being harassed because of your disability in employment, education, or while getting or using services.

How is ‘disability’ defined?

The Disability Discrimination Act defines “disability” in a very wide way. It includes many different types of disabilities like problems with the body, the mind or the senses. It also includes things like physical differences and having diseases that can cause harm.

The law covers disabilities that someone has now, had in the past, might have in the future, or that people think they have.

What is harassment?

Harassment means when someone makes you feel scared, insulted or embarrassed. It’s against the law to harass someone because of their disability. This includes things like making fun of them or saying mean things to them.

It’s against the law to harass someone with a disability in places like school, work or when you’re getting goods and services from a business.

Example 1:

Kimberley worked part-time as a receptionist in a medical practice. Her boss found out that she had claimed compensation for an injury called occupational overuse syndrome. A few weeks later, her boss fired her. Kimberley said she was told she was fired because of her compensation claim.

They settled the dispute by giving Kimberley some money to make up for what happened.

Example 2:

A small business owner who is blind complained that he couldn’t use a government website because it wasn’t set up for him to read it. He needed to use the website a lot for his work.

The government agreed to make changes to the website so that it would be easier for him and others to use who are blind or have trouble seeing.

What about discrimination and harassment at work?

People with disabilities should have the same chance to get a job as people without disabilities. If someone with a disability can do the main tasks of a job, they should have a fair chance to get that job.

Sometimes, the employer needs to make changes to the workplace, like installing ramps or getting special equipment to help the employee do their job. But the employer doesn’t have to make changes if it’s too difficult or too expensive.

Employers should also have rules to stop discrimination and harassment against people with disabilities.

Example:

Two friends who went to a bar had to leave because one of them had a guide dog. They thought this was not fair, so they made a complaint. After talking about it, the bar owner said sorry and paid some money to the friends. The owner also gave some money to a charity.

When is disability discrimination not against the law?

The Disability Discrimination Act allows for exceptions or exemptions in certain situations where treating someone differently because of their disability may not be considered against the law. For example, it may be okay to not hire someone with a disability if they can’t perform the essential duties of the job. However, employers should consider making reasonable changes to help the person with a disability do the job, as long as it’s not too difficult or expensive to do so. The same unjustifiable rule applies in other situations as well, like not providing wheelchair access to a cinema or theatre if it would cause too much hardship to modify the building.

What if I’m not able to do the tasks that make up the job?

If someone with a disability can’t do the main tasks of a job, then it’s okay for the employer to not give them the job. But the employer needs to think about if they can make any changes to help the person with the disability do the job.

For example, if someone can’t see very well, they may not be able to do a job as a delivery driver where they need to drive around and read street signs.

What can I do if I experience discrimination?

If you experience discrimination or harassment, you can take action yourself by talking to the person or people involved or talking to someone in charge like a supervisor, manager, or discrimination/harassment contact officer. They can help you resolve the issue.

Making a complaint to the Commission

If talking to the person or people involved or their supervisors doesn’t solve the problem, you can make a complaint to the Australian Human Rights Commission. You can also get help from someone like a lawyer, advocate, or trade union to make a complaint for you.

Making a complaint to the Commission is free and you can do it in writing or online. If you need help with writing your complaint, the Commission can assist you. Your complaint should include details about what happened, when and where it happened, and who was involved. You can make a complaint in any language, and the Commission can provide translators or interpreters to help you.

What will happen with my complaint?

When someone complains to the Australian Human Rights Commission about discrimination covered by the Disability Discrimination Act, the Commission’s President can investigate the complaint and help resolve it through mediation.

The Commission is not a court and can’t make a final decision on whether discrimination has occurred. Instead, its role is to gather information from both sides and help them find a solution.

Commission staff may contact the person who made the complaint (the complainant) to get more details.

Usually, the Commission will tell the person or organisation who the complaint is against (the respondent) about the complaint and give them a copy. The respondent may be asked to provide more information or a detailed response.

If appropriate, the Commission may invite the complainant and respondent to participate in a process called conciliation. This is a process where they can talk about the issue and try to find a way to resolve it.

If the complaint can’t be resolved or is stopped for some other reason, the complainant can take the complaint to the Federal Court of Australia or the Federal Magistrates Court.

What can I do to prevent discrimination?

To prevent discrimination against people with disabilities, you can let the Australian Human Rights Commission know about any issues you experience. The Commission investigates areas that can be improved for people with disabilities, such as public transport, employment, e-commerce, going to the cinema and using the internet. The Commission collects feedback from the public and makes suggestions to government and businesses on how to make things better.

What about employers and other organisations?

The Commission helps employers and organisations prevent discrimination and follow the Disability Discrimination Act. They offer advice and resources, run educational programs and support organisations to create Disability Action Plans. These plans help organisations eliminate disability discrimination from their goods, services, and facilities.

You can find out more about what we’re doing by visiting: www.humanrights.gov.au/disability_rights/

Example:

Zack and Eva, who have trouble hearing, couldn’t enjoy shows at a local entertainment venue because it lacked accommodations for people with hearing impairments. They filed a complaint that was resolved through mediation. The venue agreed to install a hearing support system and let Zack and Eva test it out.

Where can I get more information?

The Australian Human Rights Commission’s contact details are:

Postal Address

Australian Human Rights Commission

GPO Box 5218

Sydney NSW 2001

Street address: Level 3, 175 Pitt Street

Sydney NSW 2000

Phone: (02) 9284 9600 or 1300 369 711

TTY: 1800 620 241 (toll free)

Fax: (02) 9284 9611

Email: communications@humanrights.gov.au

Website: www.humanrights.gov.au

Complaints

Complaint Info line: 1300 656 419 (local call)

Email: complaintsinfo@humanrights.gov.au

Online: You can make a complaint online by going to

www.humanrights.gov.au/complaints_information/online_form/index.html.

The Commission can arrange an Auslan interpreter for you if you need one. If you are blind or have a vision impairment, the Commission can give you information in different formats if you ask for it.

If you are considering making a complaint, it may be helpful to seek legal advice or contact your trade union. Free advice on discrimination and harassment is available from community legal services. You can find contact details for the community legal center closest to you at https://clcs.org.au/.

Disability discrimination legal services

There are also legal services which provide free specialist advice about disability discrimination. Contact details for your nearest Disability Discrimination Legal Centre can also be found at https://clcs.org.au/.

Original source: https://humanrights.gov.au/complaints/information-people-making-complaints