Discrimination

• What does the law say?

• Age Discrimination

• Employment Discrimination

• Disability Discrimination

• Discrimination and Careers

• Discrimination in Accommodation

• What to do if you are experiencing discrimination

What does the law say?

The law in NSW states that once you are 18 years or over the Anti Discrimination Act 1977 gives you the right not to be discriminated against on the basis of age in the areas of employment, access to rental accommodation, state education, most goods and services and registered clubs. In addition to that a variety of State and Commonwealth laws may apply to age based discrimination.

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Age Discrimination

Age discrimination occurs when a person is treated less favourably or harassed because of their age. Age based discrimination just like most discrimination can be indirect where you are unable to identify that it is happening. An example of such discrimination would be an employer requiring an older person to meet a physical fitness test which a younger person could meet easily especially if the fitness test is not reasonable for the job in question.

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Employment Discrimination

Discrimination in employment includes recruitment, training, promotion, transfer, benefits, dismissal, redundancy and retirement.

The law stipulates that all people have the right to be fairly considered for most jobs and traineeships, to be trained, promoted and to receive all work benefits regardless of their age. It is unlawful to threaten to retire a person because of their age or to actually retire a person because of their age or to do anything that may see the person retire because of their age. However, it is lawful for an employer to offer voluntary retirement or severance scheme to an employee.

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Disability Discrimination

Putting the legal definition of disability aside disability can generally be described as something which leaves a person less able than others to deal with issues of day-to-day life.

Direct discrimination means the discriminator treats or proposes to treat the aggrieved person's disability less favourably than they would treat a person without the disability. An example of direct disability discrimination is the abuse of an elderly person by a cab driver. by making the person wait for a long time or an experienced taxi-driver who keeps failing to keep appointments and hangs up when the person tries to make a booking.

Indirect discrimination is when a person with a disability is discriminated against because of their disability and if they are required to comply with the following requirement or condition:

1. To comply with something a high proportion of people without the disability can comply.

2. Which is not reasonable when if regard is hard to the circumstances

3. With which the aggrieved person does not or is not able to comply with.

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Discrimination and Careers

Discrimination against careers in NSW is dealt with under the Anti Discrimination Act 1977. Under this legislation a career is defined as a:

• Spouse

• De facto spouse (Includes same sex partner)

• Child

• Parent

• Grandparent

• Grandchild

• Sibling (that is a brother or a sister)

• A relative who is a member of the household

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Discrimination in Accommodation

People of all ages have the same rights when renting houses, units or flats, hotel or motel rooms, caravans and commercial premises. Generally speaking accommodation is normally denied if the premises aren't large enough for the amount of people you wish to have live in there, if you cannot afford it or if your references aren't favourable. However, if you are refused rental accommodation or if you are treated differently because of your age this conduct may be discriminatory.

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What to do if you are experiencing discrimination

The first thing to do when you believe you are being discriminated against is to try and resolve the matter directly by talking with the other party. If the discrimination is surrounding a work problem and you belong to a union they may be able to help.

If this approach is unsuccessful we can help you deal with the matter through the Anti-Discrimination Board which handles all discrimination based matters in NSW. If it is matter covered under Federal Law we can represent you in the Human Rights and Equal Opportunity Commission.

There are some examples in which discrimination is covered by both jurisdiction and the person has to choose which jurisdiction to proceed with. We can advise of the best way to proceed as you cannot lodge a claim in both a state and a Commonwealth jurisdiction. We can act on your behalf at the conciliation at either the Anti-Discrimination Board or the Human Rights and Equal Opportunity Commission.

If the conciliation is successful that would be the end of the process. However, if the conciliation is not successful we can act on your behalf at the Administrative Tribunal for a hearing or the Federal Court of Federal Magistrates Court.

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If you would like more information or advice about your rights regarding discrimination, we are here to help. Complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.