Understanding your rights and responsibilities in employment under disability legislation is important. Ideally you should do this is before you start looking for a job so that you can:
- be aware if you are being treated in a discriminatory way by an employer or recruitment agency
- be informed about the processes that should occur to implement the work-related adjustments you require in the workplace
- negotiate work-related adjustments with an employer
- be reasonable in negotiating necessary adjustments.
It is unlawful under federal and state law to discriminate against someone on the basis of their disability. The federal Disability Discrimination Act 1992 (DDA) covers a range of areas including employment, education and access to services, facilities and public areas. The DDA also requires employers to provide reasonable adjustments or work-related adjustments so that you can perform the inherent requirements of the job, provided these will not cause hardship to the employer (such as costing too much). Harassment because of disability is also against the law in employment.
The definition of ‘disability’ used in the DDA includes disabilities that are:
- physical, intellectual, psychiatric, sensory and neurological
- medical conditions, work-related injuries and temporary disabilities
- learning difficulties, physical disfigurement and the presence in the body of disease carrying organisms
- past, present or future disabilities.
The Act also covers relatives, friends, carers and co-workers if they face discrimination because of their relationship with a person who has a disability.
(Source: www.austlii.edu.au/au/legis/cth/consol_act/dda1992264)