Who do the disability anti-discrimination laws apply to?
Disability anti-discrimination laws apply to
- job applicants
- full-time, part-time, casual, temporary and probationary employees
- independent contractors.
The laws also protect your ‘associates’. These include your spouse, family members, friends, co-workers and carers.
However, they do not generally protect unpaid workers and volunteers against discrimination in the workplace.
Also, some employers and some jobs are exempt from disability anti-discrimination laws. The Victorian Equal Opportunity Act exempts small and family businesses. The Commonwealth Disability Discrimination Act exempts combat duties and peacekeeping services.
What situations do the laws cover?
Disability anti-discrimination laws apply to all stages of recruitment, employment and dismissal. This includes interview questions and requests for medical testing, terms and conditions of employment, access to promotions and training, and dismissal and redundancy.
Job applicants
If you are a job applicant with a disability or health condition, it is unlawful for an employer to discriminate against you:
- by refusing or deliberately omitting to offer you employment
- when deciding who should be offered employment
- in your terms or conditions of employment
- by denying you access to a guidance program, an apprenticeship training program, or any other occupational training or retraining program.
Employees
If you are an employee with a disability or health condition, it is unlawful for an employer to discriminate against you:
- in your terms or conditions of employment
- by denying you access to a guidance program, an apprenticeship training program, or any other occupational training or retraining program
- by denying or limiting your access to opportunities for promotion, transfer, training or any other benefits connected with your employment
- by dismissing you or otherwise terminating your employment
- by subjecting you to any other detriment (unfavourable treatment).
Independent contractors
If you are an independent contractor with a disability or health condition, it is unlawful for a person who is engaging your services to discriminate against you:
- in the terms and conditions of your engagement
- by not allowing you to work or to continue to work
- by denying or limiting your access to any benefits connected with your work
- by subjecting you to any other detriment (unfavourable treatment).
Who is covered by the Fair Work Act?
The Fair Work Act covers employees and prospective employees.
Next Section: Do I have to disclose the fact that I have a disability or health condition?