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Disability discrimination is treating someone unfairly or badly because of their impairment.
Sometimes, this unfair treatment can be against the law. In Queensland the Anti-Discrimination Act 1991 promotes fairness for everyone by protecting them against discrimination, sexual harassment and vilification in some parts of their lives.
The legislation protects you whether you were born with the impairment, whether it developed later or if someone assumes you have it.
This means that it can be unlawful to discriminate against people with impairment when they:
- Apply for a job, or try to get into a course;
- Work (whether it’s full-time, part-time, casual, temporary or voluntary);
- Attend school, college or university;
- Buy things in a shop, hotel, café or cinema;
- Try to, or use the service of legal, medical, trade or other businesses;
- Rent a house, flat, hotel, caravan, office or shop;
- Buy land or other property;
- Apply for credit or a loan;
- Deal with banks, superannuation or insurance companies;
- Try to, or use the services of state or local governments.
While discrimination can happen in any of the areas listed above, it occurs most often at work. Because of this, employers need to ensure they offer an equal opportunity to everyone, whether it’s applying or being interviewed for a job, seeking a promotion, transfer or training. In other words, employers need to consider you on your merits, not on what they think you might not be able to do.
Employers, under the law, can be held liable for acts of discrimination which are done by their employees.
Discriminating against someone with impairment is not always against the law. The Act provides a range of exemptions for particular cirsumstances.
Employers and people involved in education or service work, for example, are expected to make what’s called reasonable adjustment. This means that if you need some special service or facility to do your job, or to enrol in a course, or get into a shop, you must be provided with what you need, unless doing so causes unjustifiable hardship.
It’s against the law for someone to refuse to rent a place to you, to refuse you access to a café, or to ask you to pay more because you have a hearing or guide dog. It is also an offence payable by a fine for someone to separate you from your guide dog.
You can do one or more of the following to deal with discrimination:
- Talk to the person who is treating you badly, because sometimes it is not done on purpose, and will stop if it’s made clear that it’s unfair;
- If the behaviour happens at work speak to a manager, union representative or contact officer. . You may decide to lodge a complaint with your employer;
- Contact the Anti-Discrimination Commission and talk to an Enquiry Officer about whether your complaint comes under the Act, or ask for information about what you can do.
If you want to lodge a complaint with the Commission, this list will be useful:
- The complaint must be in writing;
- The behaviour you’re complaining about must have happened within the last year;
- Anyone else can help you write the complaint, and it can be in any language;
- The complaint can be in the form of a letter, or on one of our forms, which we can post, fax or e-mail. It’s also available from our website;
- In your complaint, you need to say why you think you have been discriminated against because of your impairment. Describe what happened, where it occurred, who was involved, and give the names of any witnesses. You also need to point out the effect of this treatment for example, that you weren’t given the job you applied for;
- You don’t have to prove your complaint or to provide evidence as such, but you do need enough information to show that there has been a breach of the Act.
The Commission check your complaint to see whether it meets the requirements of the Act, and will then deal with it confidentially. There is no charge for this service, but if you decide to get legal or other advice, there may be some cost to you.
A complaint handler will contact the person you’ve complained about and will keep in touch with you. Usually, conciliation is held with you and the other person (and perhaps others). This meeting is informal, and aims to help you and the other person come to some agreement about the complaint. The complaint handler doesn’t take sides, but helps both of you reach agreement. Many complaints are settled this way, but if no agreement can be reached, the complaint may be referred to the Queensland Anti-Discrimination Tribunal for a decision.
You might want to get more information from the Commission about impairment or other types of discrimination. They have brochures on:
- age discrimination;
- sexuality discrimination;
- race discrimination;
- general guide;
- sex, marital status and parental status discrimination;
- pregnancy/breastfeeding discrimination;
- sexual harassment;
- making a complaint;
- responding to a complaint;
- racial and religious vilification;
NOTE: This information has been précised from the Anti-Discrimination Commission Queensland Website
For more detailed and comprehensive information ring the Anti-Discrimination Commission Queensland on 1300 130 670 or Teletypewriter 1300 130 680 (this is an interpreter service) statewide or log onto their website www.adcq.qld.gov.au
Australian Human Rights and Equal Opportunity Commission Website;
www.hreoc.gov.au
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