Part 4A Division 2 of the Anti-Discrimination Act 1977 (NSW) states that it is unlawful to discriminate against applicants and employees, commission agents, and contract workers on the basis of a disability, with regard to their work conditions, employment (hiring), arrangements to hire, access to opportunities for promotion, and dismissal. Furthermore, it is illegal to discriminate against employees with regards to a disability in determining who should be a partner in a firm, and also against local government councillors, members of industrial organisations and qualifying bodies.
In determining who to offer employment as an employee, commission agent, contract worker, and in partnerships, it is not unlawful to discriminate against a potential employee if they would not be able to carry out the requirements of employment, or if it would impose unjustifiable hardship on the employer.
It is not unlawful to discriminate based on a disability in cases of:
- Public health (if the disabled person has infectious disease)
- Prohibited drugs (if the disabled person is addicted to prohibited drugs), but employers cannot discriminate if a person has Hepatitis C, HIV or medical condition other than addiction to prohibited drug
- Superannuation
- Insurance
- Sporting activities.
How can Prime Lawyers help you?
If you have been discriminated against based on your disability, or for any other reason, Prime Lawyers' experienced employment law team can assist you. They will carefully consider your matter and provide you with advice on how to bets approach your matter.