What is disability discrimination?
Disability discrimination is when someone with a disability is treated less favourably than someone without a disability in the same or a similar situation.
Summary
People with disability are often treated unfairly or not given the same opportunities as others because of their disability.
This is connected to ableism - which is about negative ideas and low expectations about people with disability.
Ableism is one of the root causes of disability discrimination.
Everyone has the right to be free from discrimination.
Know your rights
In Australia, the Disability Discrimination Act 1992 (Cth) covers people who have:
- temporary and permanent disability
- physical, intellectual, sensory, neurological, and psychosocial disability
- diseases or long-term illnesses
- different physical abilities, including limb difference, blindness and/or deafness
- medical conditions and work-related injuries.
The broad definition is meant to ensure that every person with a disability is protected.
The Act covers disabilities that people:
- currently have
- had in the past (like a previous episode of mental illness)
- might have in the future (such as a disability that runs in the family)
- are believed to have (for example, if others think someone has AIDS).
The Act also protects people who have a personal connection with a person with a disability like relatives, friends, carers and co-workers.
The law protects people in many areas of public life, including:
- employment: getting a job, terms and conditions of a job, training, promotion, being dismissed
- education: enrolling or studying in a course at a private or public school, college or university
- accommodation: renting or buying a house or unit
- goods and services: such as banking and insurance services, services provided by government departments, transport or telecommunication services, professional services like those provided by lawyers, doctors or tradespeople, services provided by restaurants, shops or entertainment venues
- public places: accessing areas such as parks, government offices, restaurants, hotels or shopping centres
- access to premises used by the public such as libraries, government offices, hospitals and shops
- buying land, for example, buying a house
- activities of clubs and associations
- sport
- administration of Commonwealth Government laws and programs: For example, when seeking information on government entitlements, trying to access government programs, wanting to use voting facilities.
Access our quick guide for employers.
Examples of unlawful discrimination
- A parent is refused a job because the employer assumes they will need time off work to look after a child with a disability.
- People are refused access to a restaurant because they are with a friend who has a disability.
- A carer of a person with a disability is refused accommodation because of their association with the person with a disability.
- A worker is hassled about working with a person with a disability.
The Act makes it unlawful to harass a person because of their disability in various areas of public life, including employment, education, and the provision of goods and services.
Video - Let's talk about disability
What does the Disability Discrimination Act not cover?
Like other anti-discrimination laws, the Act says that in some circumstances treating someone differently because of their disability won’t be against the law. This is known as an exception or exemption.
For example, the Act says it may not be against the law to refuse to employ a person with a disability, if they can't do the essential parts of the job because of their disability.
Learn about disability discrimination the workplace.
More protections under the Act
- Getting an education
- Buying goods and using services
- Joining in sport activities
- A place to live (accommodation)
- The ins and outs of access (public places)
- A responsible government
Have you experienced disability discrimination?
You may want to deal with the situation yourself by raising it directly with the person or people involved or with a supervisor, manager or discrimination/harassment contact officer.
If this does not resolve the situation, or you do not feel comfortable doing this, you can make a complaint to the Commission. You can also have someone such as a solicitor, advocate or trade union make a complaint on your behalf.
