If you think you have been harassed or discriminated against because of your disability, the first thing to do is to try to resolve the issue directly with the other party involved.
If the discrimination or harassment is happening in the workplace, you should discuss the issue with your employer. Many employers have a grievance procedure or a disability contact officer who can discuss workplace problems and concerns with you.
If you are unable to resolve the issue, you or someone else on your behalf (like a friend, an advocate or union), can complain to the Australian Human Rights Commission or to similar bodies that administer state and territory anti-discrimination laws.
If you are receiving assistance and support from an Australian Government employment service provider you can speak to them about your complaint and ask them for help to resolve the situation. For information on the help available from employment services, visit:
Making a complaint to the Australian Human Rights Commission
It does not cost anything to make a complaint to the Australian Human Rights Commission.
Your complaint needs to be put in writing and should include the following:
- what happened
- when it happened
- where it happened
- who was involved
- the names of anyone else who can say what happened.
If you cannot write your complaint down you can:
- send it by email
- can get someone else to write down your complaint or
- ask the Australian Human Rights Commission to help you write it down.
You can also lodge a complaint electronically through the Human Rights and Equal Opportunity Commission’s web site (see Related Links).
The Australian Human Rights Commission then decides if your complaint comes under the Disability Discrimination Act (1992). If it does, the Australian Human Rights Commission will investigate the complaint. If they cannot deal with your complaint they will write to you and explain why. Investigation may include writing to the other people involved to get their side of the story.
The Australian Human Rights Commission will then work with you and the other party to try to find a solution that everyone can agree with. This is called conciliation. If conciliation does not work, you can decide whether to take it further by taking your complaint to court.
More information?
Alternatively, the Fair Work Ombudsman web site can give you information on resolving workplace disputes including lodging claims if you think you have been unlawfully terminated due to your disability or otherwise discriminated against—see Related Links.