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What Laws Protect Me from Disability Discrimination in the Workplace?

If you have a disability or health condition, the Victorian Equal Opportunity Act 1995 and the Commonwealth Disability Discrimination Act 1992 make it unlawful for you to be discriminated against or harassed in the workplace because of your disability or health condition.

These laws protect you against discrimination in all stages of employment from recruitment to dismissal. They also protect your family, friends, co-workers and carers from discrimination in relation to your disability or health condition.

The Victorian Equal Opportunity Act applies only in Victoria, and is administered by the Victorian Equal Opportunity and Human Rights Commission.

The Commonwealth Disability Discrimination Act applies throughout Australia, and is administered by the Australian Human Rights Commission (previously known as the Human Rights Equal Opportunity Commission).

Further, the Fair Work Act 2009 [“Fair Work Act”] provides some additional protections for employees and prospective employees who are subject to adverse action in the workplace because of their physical or mental disability.

Next Section: When is disability discrimination in the workplace unlawful?