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IMPAIRMENT
What is impairment discrimination?Disability (or impairment) discrimination is simply treating someone unfairly or badly because of their impairment. Sometimes, this unfair treatment can be against the law. The law covering this in Queensland is the Anti-Discrimination Act 1991, which promotes fairness for everyone by protecting them against discrimination, sexual harassment and vilification in some parts of their lives. This law takes a very broad view of what impairment means. So, you are covered, for example, if you have a sight, speech or hearing condition, suffer from depression, have lost a limb or need an aid to help you. You are also covered if, for example, you have diabetes, a learning disability or any other condition. The Act protects you whether you were born with the impairment, whether it developed later or if someone assumes you have it.
Which parts of life are covered?Generally speaking, the public part of people's lives is covered under the Act. This means that it can be unlawful to discriminate against people with an impairment when they:
Discrimination can also happen in a less clear way. Sometimes a rule or policy seems to treat everyone the same, but in fact, some people end up being treated badly. For example, if there's a policy that everyone has to show a driver's licence for identification, someone with a sight impairment may suffer discrimination, because they are not able to comply with the policy. This can be unlawful, unless it's shown to be reasonable.
What about discrimination at work?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. To reduce this vicarious liability, they can take reasonable steps to try to prevent discrimination from happening.
What about exceptions to the rule?Discriminating against someone with an impairment is not always against the law. The Act provides a range of exemptions which can be argued. 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. In most cases, people with an impairment need minimal changes. Some examples might include being flexible with work hours so a person can go to a medical appointment, providing a larger computer screen for someone with a sight disability at school, or putting in a ramp so that people have easier access to a building.
Can I make changes to the place I rent?Yes, you can, provided you agree to a few conditions. You need to pay for any changes you make, you can't change anyone else's flat or house, it needs to be fairly easy to return the place to its original condition, and you need to agree to do this before you leave. Of course, you'll also need to get the agreement of the owner before you make any changes. You can't be refused a house or flat because you need to make any changes.
Are guide dogs covered?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.
What can I do about it?You can do one or more of the following to deal with discrimination:
How do I lodge a complaint with you?If you want to lodge a complaint with the Commission, this list will be useful:
What happens with my complaint?We'll 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, a 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.
What else do I need to know?You might want to get more information from the Commission about impairment or other types of discrimination. We have brochures on:
We also provide training and information sessions about the Act, sometimes at no charge. Contact the Commission for more about this. A federal body, the Human Rights and Equal Opportunity Commission (ph 1300 656 419) administers the Disability Discrimination Act.
This information is intended as a guide only. It is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or Teletypewriter 1300 130 680 statewide. |
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