Disability Discrimination

The Federal Court has the power to award damages for injury and loss caused by disability discrimination. The Australian Human Rights Commission can also hear complaints and assist the legal process by providing conciliation to enable the possibility of early financial settlement.

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Disability discrimination occurs when a person is treated less favourably, or not given the same opportunities, as others in a similar situation because of a disability.

With limited exceptions, disability discrimination is prohibited in, employment, education, access to opportunities to rent property and other areas of public life.

For example, disability discrimination includes the failure of employers to provide suitable access to buildings such as wheel chair access unless it is unreasonable to do so.

As with other forms of discrimination, victims may be entitled to compensation in the Federal Court for pain and suffering and economic loss.

Rights to compensation

Discrimination law is a fundamental cornerstone of the Australian legal system. International human rights law prohibits Australia from permitting unlawful discrimination in the course of employment, education, the provision of goods and services and other aspects of public life. Such rights are protected by both federal and state legislation which give courts the power to award significant financial compensation for pain and suffering and economic loss.

Direct and Indirect Discrimination

All discrimination legislation prohibits direct and indirect discrimination with some limited exceptions.

Direct discrimination occurs when an individual is victimised or treated less favourable because of a disability. Indirect discrimination occurs when policies or principles are applied equally to all in a formal sense, yet their application has a discriminatory effect. An obvious example is a failure of an employer to provide wheel chair access to those with a disability.

Where to now?

Securing the services of a lawyer is essential to ensure maximum compensation for your loss. If you believe you have experienced discrimination because of a disability, please call us or send us an email to organise a free consultation to discuss your case.

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