Unfortunately, disability discrimination still exists within our workplaces and communities, leading to people being treated unfavourably due to disability, injury or health condition. Despite the laws and regulations in place to protect people living with disability, more education and awareness is required to strengthen peoples understanding of disability discrimination, the signs and how we can remove it from our society. This blog will touch on the Disability Discrimination Act of1992 and the importance of understanding a person’s legal rights and employer responsibilities to help reduce risk of discrimination and develop stronger, more inclusive workplaces.
What is Disability Discrimination in the Workplace?
Disability discrimination occurs when a person living with disability, injury or health condition is treated unequally or is not offered the same opportunities as others because of their disability, injury or health condition. Discrimination can be direct or indirect. Direct discrimination is when a person is treated unfairly because of their disability, for example, a person living with disability in the workplace is not provided with reasonable adjustments to support them to complete the duties of their role.
Indirect discrimination can be more subtle and can be a result of poor planning or outdated policy that excludes a person because of their disability. Under the Disability Discrimination Act 1992, an employer is required to make a reasonable adjustment for an employee living with disability, unless making the adjustment would cause unjustifiable hardship. Failure to make a reasonable adjustment would be viewed as treating the person less favourably than a person without disability and is considered discrimination. If you are experiencing discrimination in the workplace, atWork Australia can assist with Inclusive Employment Australia support services to help navigate this challenging situation.
Signs of Disability Discrimination at Work
Discrimination can come in many different forms; it can be blatantly obvious or extremely subtle where you may not even realise it has occurred. It could occur throughout the recruitment process or it could be a toxic workplace culture. For example, every time a person shares information about their disability in an interview and they go onto be unsuccessful, it leaves a question to answer – were they simply not the best candidate or did discrimination play a role in the decision-making process? It’s impossible to know the truth! Here are a few signs of what discrimination in the workplace can look like.
Being Refused a Job or Promotion Due to Disability
No one enjoys receiving the news they have been unsuccessful in a job application or they have been passed over for yet another promotion. However, when this occurs as a direct result of someone sharing information about their disability, which could potentially lead a manager to make assumptions about a person’s capability, this is a form of direct discrimination. Sometimes people living with disability don’t have a fair opportunity in applying for jobs or promotions due to the inaccessible application process which can prevent people living with disability from having equal opportunity. While this may not be the intention of the employer, it can still be considered as indirect discrimination.
Not Receiving Reasonable Adjustments
Under the Disability Discrimination Act 1992, an employer must provide reasonable adjustments for an employee living with disability, unless providing the adjustment would impose unjustifiable hardship on the employer. Reasonable adjustments must be tailored to a person’s unique circumstances and what is deemed reasonable would depend on the barriers they face and the duties they are required to perform. Examples of adjustments could include modified duties, assistive technology or flexible hours.
Problem-Solving and Adaptability
In all work environments problems arise and people are required to adapt and think creatively to solve problems. The exact same approach should be taken to support a person living with disability in the workplace, because regardless if a person lives with disability, people constantly need to adjust to keep up with workplace demands. If you’re in a workplace where your leaders are not willing to adjust or consider alternative methods to accommodate a person living with disability, injury or health condition this could be a sign of discrimination, as a person is being treated unfavourably.
Harassment or Exclusion at Work
Harassment in the workplace can be a slippery slope. It may start out by what can seem to others as harmless banter or a thoughtless comment. However, it can be detrimental to the person on the receiving end. A thoughtless comment could be directed at the way a person does something or a reasonable adjustment they require that could make a person feel uncomfortable. For example, for a person with a vision impairment who may sit closer to a screen, a thoughtless comment might be, “could you sit any closer?” while this may seem harmless and nothing sinister was meant by the comment, it is still not necessary. Often harassment can start with small inappropriate comments which gradually escalate overtime. For the individual being targeted this can become isolating and forces them to withdraw from team activities.
Unfair Performance Management or Dismissal
If an employee living with disability is refused reasonable adjustments in the workplace this can directly impact their performance. If the employer then raises concerns around the individuals performance due to their disability, this would be a form of discrimination as the adjustments the employee needed have not been provided. It is also a form of discrimination to take disciplinary action against an employee for being absent due to issue related to their disability or health condition.
Employer Responsibilities Under Australian Law
The Disability Discrimination Act 1992 was created to ensure people living with disability are treated fairly in the workplace and community, it is an employer’s responsibility to ensure their organisation abides by the laws set out in the act and that they create a workplace free of discrimination. There is additional legislation such as the Fair Work Act 2009 and Workplace Health and Safety regulations that employers must comply with to ensure the safety and wellbeing of all their employees.
What to Do If You Experience Disability Discrimination
If you’re experiencing discrimination in the workplace, it’s important to take action immediately to prevent the incidents from continuing. Here are a few suggestions to support you through this process.
Tips for taking action against disability discrimination:
- Document the incidents
- Raise your concerns internally (if there is someone you trust and it is a safe environment)
- Seek advice
- Lodge a complaint with the Australian Human Rights Commission
If you or someone you know need support to find an inclusive employer who will provide a safe and supportive workplace, connect with atWork Australia today.