Your disability shouldn't be labelled as a weakness. Despite a person's disability, they're still as motivated and able to be treated normally and also work for a living. However, until now, some people still discriminate against people with disabilities (PWD). Hence, these PWDs turn to a disability discrimination lawyer for help.
But why do people discriminate against PWDs? PWDs are people who have physical or mental disabilities. For years, societal standards have catered to and favoured people without disabilities. Almost all jobs prefer people without disabilities because they believe that such disabilities will hinder the workforce.
Whether people commit direct disability discrimination or indirect disability discrimination, they still discriminate against PWDs regardless of the consequences. It's time to stop this! PWDs are also people who are capable of many things and deserve to report people who discriminate against them to a disability discrimination lawyer.
Yes, Australia Has Laws That Protect PWDs
Australia does not tolerate disability discrimination. The first law that protects people from disability discrimination is the Disability Discrimination Act 1992. The Act protects people with a wide range of temporary or permanent disabilities, such as:
- Physical, intellectual, sensory, neurological, learning, and psychosocial disabilities
- Illnesses, diseases, physical disfigurements, medical conditions, and work-related injuries
- Disabilities in the past or potential future disabilities
This law also protects people who may face discrimination because they have an assistant, an interpreter, a trained service dog or assistance animal, or if they are using wheelchairs or hearing aids.
Another law that protects PWDs is the Australian Human Rights Commission Act 1986 (AHRC). This act establishes the process for filing a complaint against a person who breaches the Disability Discrimination Act.
Additionally, the AHRCA and its regulations grant individuals the right to complain about discrimination and unfair treatment by federal agencies, specifically when that treatment violates the Convention on the Rights of Persons with Disabilities.
If you do want to file a complaint, then you should seek legal advice from a disability discrimination lawyer.
What Are Some Forms of Disability Discrimination?
Discrimination against a person can be direct or indirect discrimination. For disability discrimination, you may have seen how people discriminate against them. But sometimes, some forms of discrimination cannot be seen or noticed right away. Let's look at some forms of disability discrimination that a disability discrimination lawyer can spot for you:
- Bullying and workplace bullying
- Requiring a deaf person to attend a meeting without an interpreter.
- Telling a PWD worker in a wheelchair to deliver goods from the ground floor to the 5th floor with no elevator for their use.
- Refusing to hire a person for a job after they disclosed that they have a particular disability.
- An establishment that lacks accessible entrances, restrooms, or necessary features for PWDs. Sometimes, some business owners of such establishments make up excuses like not having enough funds or the budget to create such features. Employers should make reasonable adjustments to accommodate their PWD workers' needs.
- Refused a person entry in an establishment because they have a guide dog.
- Denying a student to participate in extracurricular activities because of their disability. For example, a school denied a student using a wheelchair to participate in chess activities. Naturally, you don't need to use your legs to play chess, so any PWD using a wheelchair can play chess, unless they don't have the mental capacity to play.
- Refusing a PWD to see a disability discrimination lawyer when they clearly had reasons to seek legal advice because of disability discrimination.
So, How Do I File a Disability Discrimination Complaint?
As a PWD, you may feel left out or helpless about your situation. We're sorry to hear that just because of your disability, you are deprived of your legal rights and opportunities. We're by your side and want to guide you on how to file a complaint for disability discrimination.
- Firstly, you should identify if your complaint is valid since not all discrimination is unlawful. Hence, you should contact Anti-Discrimination NSW on 1800 670 812 to understand the complaints process. This hotline can help give you the information you need to process your complaint as quickly as possible!
- Second, you can choose to represent yourself or another person who was discriminated against. Parents, guardians, carers, a trade union, or organisations can represent a discriminated person for a complaint.
- Next, you should have a completed online or paper Anti-Discrimination NSW complaint form. Make sure to include any supporting documents. Only then can you file a complaint either online (submit the Anti-Discrimination NSW complaint form) or in writing.
FAQs About Disability Discrimination
| Q: What if I experienced sexual harassment? Can I
still apply with the form above? A: Yes. Any person who experienced discrimination, sexual harassment, vilification, victimisation or any same or similar circumstances can apply using the Anti-Discrimination NSW complaint form. |
| Q: I've been waiting too long for my complaint
to be resolved. What can I do? A: You can make a complaint to the Australian Human Rights Commission if direct resolution fails. Their role is to facilitate resolutions through conciliation. f your complaint is not resolved through the Commission, you can take it to the Federal Court or Federal Circuit Court. |
| Q: Are there organisations or government agencies
that advocate for anti disability
discrimination? A: Yes! Legal Aid NSW actually provides community legal education, such as workshops, sessions, webinars and resources to educate the public about how the law works. They can also guide you on how to seek legal advice from a disability discrimination lawyer. |
Our Message to People Without Disabilities
We cannot reiterate enough the difficulty that PWDs go through because of their disabilities. People who don't have disabilities actually have the privilege and luxury to live normally. We have complete limbs to do physical activities and walk properly.
Meanwhile, PWDs have to struggle to get out of their beds because of their physical disabilities, and people with mental illnesses struggle to cope with day-to-day activities. In fact, we should ensure that we also respect the law. Reform is what we need; reform our way of thinking about PWDs.
They are no less than the average person. They also have capabilities like us. They're aspiring doctors, contract workers, hardworking students, scholars, and many more. Let us not wait for them to call out any discriminatory acts that they suffer from.
Do You Need a Disability Discrimination Lawyer Today?
We've assisted a number of clients in our firm at JB Solicitors regarding employment law matters. Some wanted workers' compensation because of a work-related injury. Other clients wanted to file a complaint about unfair dismissal from their work. We have also closed cases about disability discrimination.
Our lawyers at our firm are dedicated to helping you resolve any work-related matter. Our jargon-free legal advice can help you understand your situation better and how to navigate the best possible resolution for your case. So, if you need to resolve your disability discrimination complaint, we're here for you.
Seek advice from our firm today, and let's slowly put an end to disability discrimination. Each case won is an extra step to lessen disability discrimination in Australia.
Contact us today for your work-related legal matter.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
