Despite disability discrimination laws, like the Disability Discrimination Act 1992, disabled people experience discrimination every single day. In the workplace, in the education system, in the healthcare system, and in the community. Discrimination occurs when you’re treated less favourably because of your background or circumstances, including disability. In 2019, it was estimated that 1 in 5 disabled people over the age of 15 experienced some form of discrimination — so it’s important to know what you can do if it happens to you, or someone you care about.
Discrimination can make you feel powerless, but you aren’t. There are many ways you can take action against disability discrimination.
Make a formal complaint
When you’ve experienced discrimination, a good first step is to make a formal complaint in writing. This ensures the person, business or organisation that has discriminated against you has official records of the incident.
Remember to include as much information and detail as possible. It’s good to include evidence (like photos, videos, or screenshots of emails) if you have it, too.
Sometimes a formal complaint can result in a resolution for you, and create positive change.
However, making a complaint can be exhausting, especially when disabled people regularly experience discrimination. And, of course, there is no guarantee a complaint will be addressed. The response might be unsatisfactory, or they might ignore you entirely. If that happens, that’s when it’s time to take the next step.
Reach out to advocacy organisations
It can be overwhelming to make a discrimination complaint, especially if you have limited energy or capacity.
Thankfully, there are many organisations that can help you with individual advocacy. These organisations can help you to know your rights, make informed decisions, and refer you to appropriate services, or even directly support you to make a complaint.
The Disability Advocacy Network Australia and the Disability Advocacy Resource Unit are a great first point of contact, as they can help you find advocacy organisations online.
Some popular advocacy organisations include:
Contact state-based services
Every state and territory have an anti-discrimination body which can investigate discrimination and resolve complaints, including:
- ACT Human Rights Commission
- Anti-Discrimination Board of New South Wales
- Northern Territory Anti-Discrimination Commission
- Anti-Discrimination Commission Queensland
- Equal Opportunity Commission – South Australia
- Office of the Anti-Discrimination Commissioner – Tasmania
- Victorian Equal Opportunity and Human Rights Commission
- Equal Opportunity Commission – Western Australia
These bodies can provide general advice, make complaints, and help you address discrimination.
Contact Fair Work Ombudsman or Fair Work Commission
When it comes to discrimination in the workplace, the Fair Work Ombudsman can help. This includes help with addressing bullying, harassment, exclusion, and a rejection of reasonable adjustments that can help you work. The Fair Work Ombudsman can provide information about your rights, as well as advice, assistance, and guidance to both employers and employees. Also, if there has been a breach of the Fair Work Act and discrimination has occurred, they can investigate and take appropriate action.
While the Fair Work Commission is largely responsible for things like setting minimum wage and employment conditions, they can also help with dispute resolution, including unfair dismissal and discrimination.
Take it to social media
While this is an informal approach, getting your story out on social media can help to facilitate a better outcome or creating change.
Social media can create pressure, especially if someone is doing the wrong thing. Sometimes, this pressure is enough for them to do the right thing, and at the very least, it helps to raise awareness about disabled experiences.
Getting support from your peers and community can also be validating, and help you feel less isolated when you have experienced discrimination.
Keep in mind to only post what is factual and what you have evidence for. Otherwise you may be at risk of defamation.
Which one do I pick?
It can definitely be overwhelming when you’re trying to decide which action is best for you.
It might be good to consider contacting relevant organisations for general advice first. Looking at things like where a service is based, what they specialise in, and what work they take on can be a great step.
You don’t have to go through it alone. An advocate, a family member, a friend, or even a support worker can help you navigate this journey.
It might be intimidating to take your complaint further, but it’s only by calling out discriminatory experiences that we can make things better and create change.
Zoe Simmons is a disabled journalist, copywriter, speaker, author and advocate. She writes to make the world a better place. You can find out more about Zoe on her website, or follow her on Facebook, Instagram, Twitter, LinkedIn or TikTok.
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