Disability discrimination is against the law.
It is when you have been treated less favourably than somebody else because:
The law protects a wide range of disabilities and illnesses, including:
Indirect discrimination is also against the law. This is when a rule or requirement is the same for everyone but unfairly affects people with disability, and is not reasonable in the circumstances.
Disability discrimination is against the law in certain public places, including:
Your employer should provide you with reasonable adjustments if they are needed to carry out the inherent requirements of your job. If you need adjustments at work, you should speak to your employer or manager about your disability and explain the issues you are experiencing and the adjustments you require. Some examples of workplace adjustments include flexible working hours, remote work options, changes to work premises and specialised hardware, software and equipment.
It is against the law for anybody to treat you unfairly because you have an assistance dog, or because you require specific equipment or assistance because of your disability.
If you can do the essential parts of your job, employers must also provide any services or facilities you need to do your job – unless it would cause them unjustifiable hardship to do so. For example, you might need to use adaptive equipment or have your breaks at particular times to take medication.
In determining whether or not it would cause unjustifiable hardship to meet your needs, the organisation must consider all the circumstances, including how the proposed changes might benefit other staff members and clients.
If you think that you have experienced disability discrimination, you can try speaking to the person or organisation responsible to express how you feel. If you don’t feel comfortable doing this, or if it isn’t appropriate, you can contact us to make a complaint of discrimination.
If you are unsure if you have experienced disability discrimination or need more information, you can contact our enquiry service.
15 May 2023
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land.