DISCRIMINATION AND THE LAW
Excerpts from
A USER GUIDE TO THE DISABILITY DISCRIMINATION ACT
by Sue Tait.
What is a disability ?
"Disability" includes: a condition which means a person learns differently from other people, for example, a person with autism, dyslexia, attention deficit disorder or an intellectual disability.
What is "disability discrimination" ?
To be against the law, discrimination must have happened because of a person’s disability. Discrimination can be direct or indirect. It includes discriminatory questions and harassment.
Direct Discrimination is less favourable treatment.
It happens when a person is - or is about to be - treated less favourable then others because the person - or his or her associate- has a disability. Less favourable treatment means that the person is disadvantaged and doesn’t have the same opportunity or choices as a person without a disability.
EXAMPLE
Andrew’s teacher is arranging an overnight school camp. Andrew has been told he will not be allowed to go because he has epilepsy and needs medication at night.
Andrew has been discriminated against because he has epilepsy. He has been treated less favourable than other students who are allowed to go on the camp.
Indirect Discrimination is about unfair exclusion.
This happens when a condition stops a person with a disability, or an associate of a person with a disability from doing something. A "condition" includes physical barriers, policies, procedures, practices, selection or admission criteria, rules or requirements. It must be a condition which :
Has to be complied with;
generally people without the disability can comply with;
the person can’t comply with: and
is unreasonable in the circumstances
Discriminatory Questions
Disability Discrimination also includes asking for information which:
Can be used to discriminate against the person, and
would not be asked of a person without a disability in the same situation.
Questions about a person’s disability will not be discriminatory if they are about:
making sure a person has access to equal opportunity; or
making necessary adjustments for a person.
Harassment
Disability discrimination also includes harassment in education.
Harassment includes behaviour that:
offends, for example, interfering with a disability aid, hiding crutches, putting things in front of a person with a vision impairment etc;
humiliates, for example, asking a student with a vision impairment to describe a painting;
intimidates, for example, being insulting to the person about his or her disability or an associate’s disability; or
creates a hostile environment, for example, mimicking the person, telling insensitive jokes about disability etc.
EDUCATION
The Disability Discrimination act makes disability discrimination against the law in education.
This includes:
The enrolment, access and benefits to students by any school, college, university or other training or educational institution and
Commonwealth education or training courses.
Exceptions - Discrimination is allowed if:
the person needs adjustments which would be an unjustifiable hardship for the educational institution; or
the school or institution is only for people with a particular disability and the person does not have that disability.
Who Can Complain under the Disability Discrimination Act ?
You can make a complaint if you:
are about to be discriminated against
have already been discriminated against
are acting for one or more people who have been discriminated against.
If you consider that you are being discriminated against, check with a legal service. If you are advised that your complaint is actionable, write to The Equal Opportunity Commission, 4th floor, 356 Collins Street, Melbourne 3000.
A User Guide to the Disability Discrimination Act [1995] is published by Villamanta Publishing Service, 6 Villamanta Street, Geelong West,3218. Tel (03)52292029