Disability
I have cerebral palsy and am in a wheelchair. My condition means I have poor control of my limbs and head. I also have slurred speech. Last week I was refused admission to a pub because the security guard thought I was drunk, and he refused to listen to my explanation about my slurred speech. I was totally humiliated by the way I was treated, and I want to complain.
It is unlawful to deny you access to the pub because of your disability or because of assumptions about you because of your disability. You can make a complaint about this - for more information, contact us.
What should I do if a person with a disability applies for a job?
It is necessary to check whether a person can perform the essential tasks of the job. However, you cannot discriminate against people because of their disability if it does not affect their ability to do the job. In particular, you should not make assumptions about a person's ability to perform duties without checking whether their disability would affect the health and safety of the employee or others. You also have a responsibility to check whether adjustments need to be made allowing the person to do the job. 'Special assistance' must be given where it is reasonable to do so. This might include provision of appropriate equipment and modifications to the work area.
Can I ask applicants to undergo a medical test before offering them the job?
Yes, provided the tests are only testing the person's ability to perform the key tasks of the job, and provided that the medical examiner is aware of the particular job requirements.
I recently hurt my back at work and had to take some time off on WorkCover. I have now recovered from my injury and have returned to work. When I got back to work I was moved to another section where I was unfamiliar with the work. The new job has more lifting than my old one. My so-called work mates constantly rib me about my back. I am sick of it and want to complain. Is this covered by the Equal Opportunity Act?
The unfair treatment of people following work-related injuries is a common complaint. The changing of your work arrangements without your consent or consultation, and the harassment from your co-workers, are unlawful disability discrimination and you can make a complaint about it.
Can I ask if someone applying for a job has had a previous WorkCover claim?
It is better to ask whether they have any existing or prior injuries that would affect their ability to do the job. This is because a job applicant who answers 'yes' to this question and is refused employment, could complain that they have been discriminated against based on a presumption made about a past injury.
Related information
Types of discrimination: disability
Places of discrimination: employment, goods & services
EO for business: pre-employment medicals
EO for you: pre-employment medicals
Make a complaint
WorkCover website
Cerebral Palsy Australia website
More disability links
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