Australia’s Parliament passed the Disability Discrimination Act 1992 to nationalise statutes and supersede state and territorial legislation to clarify some of the confusion involved with having so many regulations, most were dependant on the company or corporation’s location. This Act provides legal rights for those suffering either physical or mental disabilities as it pertains to employment. Compensation claims for disability discrimination are reviewed by Australia’s Human Rights Commission after an application for review has been submitted either directly by the claimant or by their disability discrimination solicitor.
If you have been discriminated against because of a physical or mental disability, you have a statutory right to make an application to the Human Rights Commission which can investigate claims and may become involved in negotiations for conciliation. If the complaint cannot be resolved through the Human Rights Commission then a claim for compensation can be made in a court of law. The legislation applies nationwide throughout Australia and is dealt with in the Federal Court. A claim for compensation can be made by our disability discrimination solicitors for past and estimated future economic loss, medical expenses and appropriate damages for pain and suffering. This type of claim is financially unlimited and is not capped to any specific amount of damages and in addition the errant employer must also pay for the legal costs of taking the action.
All complaints to the Human Rights Commission must be in writing whereupon the complaint will be assessed and if within the jurisdiction of the Human Rights Commission will be investigated with a view to conciliation. If the complaint cannot be conciliated, a complainant may then take the matter to the Federal Court of Australia or the Federal Magistrates Court.
The following anti-discrimination laws operate nationally at a federal level and the Australian Human Rights Commission has statutory responsibilities under them :
The Disability Discrimination Act 1992 covers physical, intellectual, psychiatric, sensory, neurological or learning disabilities; physical disfigurement; disorders, illness or diseases that affect thought processes, perceptions of reality, emotions or judgement, or results in disturbed behaviours; presence in body of organisms causing disease or illness including HIV.
This form of discrimination refers to treatment of a disabled person that:
One of the most common forms of disability discrimination that occurs in the workplace relates to the situation where an employer fails to make reasonable adjustments or take reasonable steps within the workplace to accommodate a disabled employee. This failure to take reasonable action by an employer places the disabled person at a distinct disadvantage when compared with able bodied employees. Employers must make adjustments that are reasonable or be in breach of human rights law in Australia and as a result become susceptible to legal action.
The intent of this Act is to provide equal employment opportunities and the protection of people with disabilities through opportunities for fair treatment whilst making application for employment, as well as during employment. This Act’s passage guarantees disabled people statutory protection throughout the employment process and makes unfair treatment unlawful, simply because someone suffers from physical or mental impairment. The Act defines a wide variety of conditions that are covered and that might have long term or permanent effects. The statute contains the requirement to make reasonable changes to structures that impede people with disabilities from entering the business premises.
Employers are in violation of the Disability Discrimination Act 1992 when they treat a disabled potential or current employee differently than other employees or applicants and when they fail in making those reasonable accommodations to meet the requirements of those who are mentally or physically disabled. Our employment solicitors who are experienced in the claims process for disability discrimination are willing to utilise the no win no fee scheme toward an application for compensation to Australia’s Human Rights Commission.
Our disability discrimination solicitors are expertly qualified at giving advice pertaining to your compensation claim, as they are experienced in all matters of employment law. We offer the free initial advice you need regarding your rights to make a decision whether or not to pursue either negotiations with your employer or possible application to the Human Rights Commission without further obligation. When you need legal assistance from an expert lawyer regarding a possible claim of disability discrimination, use the free solicitor’s helpline.
