In Australia there are laws about how we treat people with disability. The Disability Discrimination Act 1992
provides protection for everyone in Australia against discrimination based on disability.
The Human Rights and Equal Opportunity Commission (HREOC) describes disability discrimination like this:
'Disability discrimination happens when people with a disability are treated less fairly than people without a 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 a disability.'
If you feel that you have been discriminated against because you are a co-worker of a person with disability, or you are concerned that your co-worker with disability is experiencing discrimination, the following information can help.
There is also information on JobAccess designed specifically for a co-worker with disability and your employer:
What to do if you or a co-worker with disability have been discriminated against
If you think you have been harassed or discriminated against because you work with a person with 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. This also applies if you feel that a co-worker with disability is experiencing discrimination.
If you are unable to resolve the issue, you can complain to the Human Rights and Equal Opportunity Commission, or to similar bodies that administer state and territory anti-discrimination laws.
Making a complaint to the Human Rights and Equal Opportunity Commission
It does not cost anything to make a complaint to the Human Rights and Equal Opportunity 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 Human Rights and Equal Opportunity 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 Human Rights and Equal Opportunity Commission then decides if your complaint comes under the Disability Discrimination Act (1992). If it does, the Human Rights and Equal Opportunity 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 Human Rights and Equal Opportunity 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?
References
Human Rights and Equal Opportunity Commission, D.D.A Guide: What's it all about?, Human Rights and Equal Opportunity Commission, Sydney, viewed 18 May 2007, <http://www.hreoc.gov.au//disability_rights/dda_guide/about/about.html>.