Under the Act a person with an impairment includes anyone with a physical, intellectual or mental impairment, a person who has had an impairment in the past, or someone assumed to have an impairment.
Direct impairment discrimination occurs when a person is treated less favourably because of their impairment, compared to another person without an impairment in the same or similar circumstances.
Indirect impairment discrimination is when a requirement, condition or practice that is the same for everyone has an unfair effect on a someone because of an impairment, and is unreasonable in the circumstances.
Where does the protection apply?
Under the Act it is unlawful to discriminate against a person because of an impairment, or the impairment of a relative or associate, in certain areas of public life, including:
- Work including employment – in some instances
- Education
- Access to places and vehicles
- Provision of goods, services and facilities
- Accommodation
- Clubs and incorporated associations
- Sport – in some instances
- Application forms
- Superannuation schemes and provident funds – in some instances
- Advertisements
Responsibilities
Organisations must ensure they provide a working environment and services that are free from impairment discrimination and they must take all reasonable steps to prevent it from happening or they may be held responsible for their employees’ actions.
A person causing, instructing, inducing, helping or permitting another person to do something unlawful is the same as doing it, for the purpose of the Act.
Examples of impairment discrimination
A blind woman was refused service when she entered a cafe accompanied by her guide dog, and was told she would only be served if she sat outside.
A lawyer’s application for income protection insurance was refused when she disclosed she had once experienced depression. This refusal was despite the fact she had not taken any time off work because of her impairment in 10 years.
A real estate agent refused the rental application of an accountant who used a wheelchair, because the agent believed she would not be able to pay the rent and maintain the property because of her impairment.
The parents of a young boy complained their son had been discriminated against because shortly after being told he was autistic, his child care provider would no longer let him attend the creche.
An employee of a travel agency refused to accept a booking made on behalf of a person with a disability. She did this without asking the nature or extent of the disability.
Making a complaint
A person who believes they have been discriminated against because of their impairment can lodge a complaint with the Commissioner for Equal Opportunity. The onus of proof lies with the person making the complaint.
The incident or incidents in the complaint must have occurred within the 12 months previous to the date the complaint is lodged.
In some circumstances the Commissioner may decide there is good reason, or good cause, to include incidents that occurred more than 12 months before the complaint is lodged.
