Guidelines on workplace discrimination

The Disability Discrimination Act 1992 makes it illegal for employers to discriminate against people because of their disability. It’s important to know what this means for you as an employer.

What is disability according to the law?

The Disability Discrimination Act 1992 defines disability as:

• total or partial loss of a person’s bodily or mental functions
• total or partial loss of a part of the body
• the presence in the body of organisms causing disease or illness
• the malfunction, malformation or disfigurement of a part of a person’s body
• a disorder that results in a person learning differently than someone without it
• a disorder, illness or disease that affects a person’s mind. It may disrupt their thoughts, emotions or judgement causing disturbed behaviour

and includes a disability that:

• presently exists
• previously existed but no longer exists
• may exist in the future (including because of a genetic predisposition to that disability)
• is imputed to a person

Disability includes all physical, intellectual, psychiatric, sensory, neurological, and learning disabilities. It also includes physical disfigurement, disease or disease-causing organisms.

What are my legal obligations?

It is important for all people to understand their rights and responsibilities at work. Your main obligations under the Disability Discrimination Act:

• do not discriminate directly – you cannot treat a person with disability less favourably than a person without disability in the same or similar circumstances. 

  For example, you should not reject a candidate who is the best person for the job because they have a disability.

• do not discriminate indirectly by having a requirement or practice that is less favourable to a person with disability.

  For example, making sure when you train a person who is hard of hearing, you provide them with supports or materials in other formats.

• to make, where necessary, reasonable adjustments to allow a person with disability to perform a job.

  For example, providing an employee who is visually impaired with a large computer screen or screen reader and large print signs. 

• to avoid and prevent harassment of all employees with disability.

  For example, training all staff in disability awareness and making sure they know how to make a complaint.

Do I need to make workplace changes?

If a person with disability is the best candidate, the employer must make reasonable adjustments to the workplace if needed to perform the job’s the essential tasks.   

To help cover the costs of making changes to a workplace go to the Employment Assistance Fund page to see what the fund can pay for.  

Useful downloads

Human Rights Commission Logo

The Australian Human Rights Commission has a fact sheet on disability discrimination.  This fact sheet will help you understand more about the Disability Discrimination Act.