Employers can also be liable for the acts of their employees. Home quick guide Disability Discrimination. The Act allows for positive discrimination in some limited circumstances.
The Disability Discrimination Act makes it against the law to treat you unfairly because of your disability. You are also covered if you had a disability in the past, may develop a disability in the future or if people think you have a disability. People who are relatives, friends and carers of people with a disability are also protected by the Disability Discrimination Act. If you have a disability, the Act protects you against discrimination in many areas of public life, including:.
The Act also protects you if you are harassed , because of your disability, in employment, education or in getting or using services. It includes physical, intellectual, psychiatric, sensory, neurological and learning disabilities. It also includes physical disfigurement and the presence in the body of disease-causing organisms, such as the HIV virus.
The Act covers disabilities that people have now, had in the past, may have in the future or which they are believed to have. Harassment occurs when someone makes you feel intimidated, insulted, humiliated or places you in a hostile environment. Harassment because of a disability, such as insults or humiliating jokes, is against the law if it happens in a place of employment or education, or from people providing goods and services.
The employer became aware that Kimberley had previously claimed workers compensation for occupational overuse syndrome and she was dismissed from the medical centre a few weeks later. She claimed that she was told that the reason for her dismissal was her previous compensation claim.
As a result, the government department agreed to upgrade its website in line with web content accessibility guidelines. A person with a disability has a right to the same employment opportunities as a person without a disability. In some cases, an employer may need to make some workplace changes so that the employee can best perform the job, such as providing an enlarged computer screen or installing ramps.
Employers are not required to make workplace changes if it would cause major difficulties or unreasonable costs. Employees with disability including applicants are protected against being excluded from employment which they have the ability to perform safely.
These changes are to allow them to perform their core duties, called 'inherent requirements', and to do so safely. An employer must by law offer and implement any reasonable workplace changes needed by a worker with disability that allows them to perform the core functions, or 'inherent requirements', of a job safely, participate in the workplace, and have equal access to opportunities for professional development, promotions and working conditions.
Discrimination under the DDA means that a person with disability is treated less fairly than a person without disability. Disability discrimination also occurs when people are treated less fairly because they are relatives, friends, carers, co-workers or associates of a person with disability.
There are three types of unlawful disability discrimination:. If problems arise in the workplace, you should consider if what you are experiencing fits the DDA's definition of discrimination. Keep in mind that not all unfair treatment is discrimination. A boss has the right to know if someone can complete their daily assignments. The questions. Having to complete a physical before starting a new job is usually a great first step to a new career. But an employer can't ask an applicant to complete an exam before offering the job.
In some cases, a company might want to discriminate against a disabled applicant by having them visit the doctor and then making their decision. This practice is against the law. An official offer of employment is necessary for someone to complete a physical. After a company chooses to hire someone, a medical exam is fine and should be done. Depending on the job, a physical exam will determine if the person is well enough to do it.
Disability discrimination affects people around the world. It can happen in the workplace or a social setting. Workplace disability discrimination can keep a person from earning money and being independent. If you know someone facing workplace disability discrimination, then suggest they seek help. No one deserves to be mistreatment, especially for something out of their control. See the original post here. How to Help. Preventing Hearing Loss.
Keep Listening Campaign. Hearing Tests. Emerging Research Grants. Hearing Restoration Project.
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