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Disability discrimination

If you experience discrimination because of your disability, the law may be able to help you. State and Commonwealth laws make it unlawful to:

  • directly or indirectly discriminate against a person because of their disability – for examples, see 'Discrimination' (link below)
  • harass a person because of their disability
  • require a person with a disability to provide information that might be used to discriminate against them
  • victimise a person because they have made a disability discrimination complaint – see 'Victimisation' (link below).

'Disability' has a specific definition under anti-discrimination laws. See 'Laws about disability discrimination' (link below).

Discriminatory questions

Generally, it is unlawful for someone to ask you to give information that may be used to discriminate against you on the basis of your disability. For example, it might be unlawful in a job interview, or when applying for some sort of service, for someone to ask about your disability or how it affects you unless they:

  • expect you to provide this sort of information if people who do not have disabilities are also expected to provide it in similar circumstances
  • ask you about ‘adjustments’ that you need to ensure that you are not treated less favourably because of your disability
  • ask you for information about your disability after or before you have been offered a job if your disability is linked to the tasks of the position. If your disability could be aggravated by the job, you are expected to disclose it. However, if there is no likely problem for you or the employer, it is not necessary to disclose your disability. You need to ask your doctor about medical restrictions.

Harassment

Harassment on the grounds of disability is unlawful under the Commonwealth Disability Discrimination Act, but only if the harassment happens in employment, in education or in the provision of goods and services.

The Commonwealth Act does not define harassment. The word is interpreted according to its common English meaning along with other interpretations that might have emerged through case law.

Harassment is included in Victoria's Equal Opportunity Act under the definition of 'subjecting a person to detriment'. The Act defines detriment as including humiliation and denigration. It applies in all the areas covered by the state Act, see 'Areas of discrimination', below.

If someone harasses you in a situation not covered by either Act, disability discrimination laws will not help you. If you feel unsafe because of harassment you can inform the police, regardless of whether the harassment is covered by discrimination laws.

Areas of discrimination

Disability discrimination is unlawful only in some areas. In general terms, these are:

  • employment – an employer cannot discriminate:
    •  in their terms and conditions of employment
    • during the application process
    • in promotion or dismissal.
      For example, it may be unlawful to refuse employment to a courier because they cannot use a mobile phone to receive calls as they are deaf, see ‘Discrimination at work’ (link below).
  • education – includes enrolments and the educational facilities provided. For example, it may be unlawful to refuse to accept your application because you need changes made to accommodate your cerebral palsy, see ‘Adjustments to overcome discrimination’.
  • access to premises used by the public – this includes libraries, government offices, hospitals, doctors’ surgeries, restaurants or shops. For example, public buildings should have wheelchair access.
  • accommodation – if you rent a room, a flat, or a house. For example, it may be unlawful not to allow you to have a guide dog in your flat.
  • goods, services and facilities – when you are shopping, obtaining services from anyone such as doctors, tradespeople, banks or government departments. For example, it may be unlawful to make a person with a disability wait until last to be served in a shop because of any extra time needed to serve them.
  • clubs and associations – you cannot be discriminated against if you want to join a club or association. This includes their terms of membership. For example, it may be unlawful to refuse membership of a social club to a person because their behaviour is considered unusual due to a mental illness.
  • sport – includes all sports except elite sports like the Olympics and serious competitive sports. For example, if you have the skills to play cricket or swim competitively, you cannot be excluded because you have asthma or are deaf.
  • local government – this includes being a councillor, and all aspects of council services, amenities, by-laws and programs.
  • Commonwealth laws and programs – when you want to use government programs or facilities.

These are covered under Commonwealth and state law, except for 'Commonwealth laws and programs'. Also, access to premises is covered under the state Act only under the category of provision of goods and services.

More information

Laws about disability discrimination

Discrimination

Discrimination at work

Victimisation

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • clinics for anti-discrimination matters.

For some matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services, see What we do.

Who else can help?

Disability Discrimination Legal Service

The Disability Discrimination Legal Service provides free legal advice and assistance to anyone who wants to lodge a complaint about being discriminated against on the grounds of their disability. Contact them on (03) 9654 8644, TTY: (03) 9654 6817 or 1300 882 872 (country callers).

Victorian Equal Opportunity and Human Rights Commission

The Victorian Equal Opportunity and Human Rights Commission administers Victoria’s discrimination laws.

The Complaints Advice Line can give you information and advice about making a discrimination complaint. Contact them on 1300 292 153, weekdays 9 am to 5 pm or by emailing enquiries@veohrc.vic.gov.au. Alternatively you can fill in the Online complaint form. 

Australian Human Rights Commission

The Australian Human Rights Commission administers Commonwealth discrimination laws.

The Complaints Infoline can give you advice about making a discrimination complaint under Commonwealth law. Contact the infoline on 1300 656 419 (TTY: 1800 620 241) or email complaintsinfo@humanrights.gov.au.