What are my rights?

The Disability Discrimination Act provides protection against discrimination in the following areas:

Employment

Employers are legally required to make reasonable adjustments to your workplace or responsibilities to include any accessibility requirements you may have, such as a larger workspace or computer monitor. Financial assistance for workplaces making accessible accommodations can be provided through the Employment Assistance Fund.

Employers may only refuse a modification if they can prove it to be unfeasible. The only grounds in which an employer can choose not to hire someone is if they are unable to fulfill the “inherent requirements” of the job after addressing accessibility obstacles. For instance, a person with low vision may be unable to fulfill the “inherent requirements” of a bus driver but could be suited to the “inherent requirements” of an accountant or lawyer.

Education

Educational institutions, including tertiary education providers, also have a requirement address accessibility requirements to facilitate the participation of all students in learning. All candidates must be considered equally when applying for enrolment and you should be consulted about your accessibility requirements, ensuring an equitable learning experience for all students.

Accommodation

It is unlawful for you to be discriminated against in the process of renting or buying a property, or when seeking temporary accommodation such as a hotel room. If you have accommodation requirements when travelling, it may help to advise your provider ahead of time so they can address accessibility requirements.

Getting or using services

Under the Disability Discrimination Act, you cannot be prevented from accessing a public service due to a disability. For instance, cinemas should provide audio description or hearing support systems to ensure everyone can enjoy their screenings. This also applies to accessing public transport services, including Taxi and Uber rides.

Accessing public places

If public buildings are inaccessible to people with disabilities, this can constitute indirect discrimination, which is illegal. This means that, where reasonably feasible, public venues should make themselves accessible for everyone. This protection also extends to aids, meaning venues – as well as services – cannot deny entry based on the presence of a service animal, for example.

Protection against harassment

Harassment of any kind is never acceptable. Harassment on the basis of a disability is specifically protected by the Disability Discrimination Act when it occurs in a place of employment or education or comes from the provider of a good or service.

For more information about the ways you are protected by the Disability Discrimination Act, you can visit the Australian Human Rights Commission’s (AHRC) website.

What if I experience discrimination?

If you have experienced discrimination, there are multiple avenues of redress available to you. If you are comfortable and safe in doing so, a good initial step can be to raise the issue directly with the person or group responsible. Alternatively, there may be a third party within the organisation – for example a HR representative at work, a feedback or complaints inbox, or the head office of a particular company branch.

You may also want to reach out to the Australian Centre for Disability Law on their website or on 1800 800 708 for free legal advice regarding your discrimination complaint.

If raising the issue with the individual, group, or company is unsuccessful or unfeasible, you can contact the AHRC and lodge your complaint with them. You can make a complaint on their website or contact them over the phone on 1300 656 419 if you need further assistance.