My question is about discrimination on medical grounds. I…

Dear JA Customer,

Thank you for your further reply. I am sorry to hear that you are placed in this situation due to your health.

I have listed below some general information which you will find useful. They are the Disability Discrimination Act, 1992 (Cth) which is a Federal law and the Western Australia Equal Opportunity Act, 1984 (WA) which is a state law.

What is unlawful discrimination?

Under federal and state legislation, unlawful discrimination occurs when someone, or a group of people, is treated less favourably than another person or group because of their race, colour, national or ethnic origin; sex, pregnancy or marital status; age; disability; religion; sexual preference; trade union activity; or some other characteristic specified under anti-discrimination or human rights legislation.

Workplace discrimination can occur in:

• recruiting and selecting staff
• terms, conditions and benefits offered as part of employment
• who receives training and what sort of training is offered
• who is considered and selected for transfer, promotion, retrenchment or dismissal.

Disability Discrimination Act 1992

Grounds of unlawful discrimination

Physical, intellectual, psychiatric, sensory, neurological or learning disabilities; physical disfigurement; disorders, illness or diseases that affect thought processes, perceptions of reality, emotions or judgement, or results in disturbed behaviours; presence in body of organisms causing disease or illness (eg HIV virus).

Areas covered

Employment; education; access to premises; accommodation; buying or selling land; activities of clubs; sport; administration of Commonwealth laws and programs; provision of goods; and services and facilities.

Process for decision making

Complaints must be in writing. It is then assessed and if within jurisdiction is investigated. The complaint is then reviewed to see if it should be terminated or if it is suitable for conciliation. If the complaint cannot be conciliated, it will be terminated by the President of the Commission. A complainant may then take the matter to the Federal Court of Australia or the Federal Magistrates Court.

Western Australia Equal Opportunity Act 1984 (WA)

Grounds of unlawful discrimination

Sex, sexual orientation, marital status, pregnancy, race, religious or political conviction, age, racial harassment, impairment, family responsibility or family status, gender history.

Other unlawful conduct

Sexual harassment; racial harassment.

Areas covered

Employment; partnerships; professional or trade organisations; qualifying bodies; employment agencies; applicants and employees and commission agents; application forms; advertisements; education; access to places and vehicles; provision of good services and facilities; accommodation; clubs; land.

Process for decision making

Complaint must be in writing to the Commissioner for Equal Opportunity. It is then assessed and if within jurisdiction is investigated and conciliation attempted. If unsuccessful, the matter is referred to the Equal Opportunity Tribunal for hearing and legally enforceable determination.

Their contact details are;

Equal Opportunity Commission Western Australia

2nd floor, 141 St George's Terrace
PERTH WA 6000

Telephone: (08) 9216 3900
Toll free: 1800 198 149
TTY: (08) 9216 3936
Facsimile: (08) 9216 3960
Website: http://www.equalopportunity.wa.gov.au/

There is also the Australian Human Rights Act, 1986 (Cth) which may be of assistance. It provides generally as follows;

Australian Human Rights Commission Act 1986

Grounds of discrimination

Breaches of human rights by any Commonwealth body or agency and discrimination in employment on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, age, medical record, criminal record, marital status, impairment, disability, nationality, sexual preference, trade union activity.

Areas covered

Commonwealth body or agency; employment and occupation.

Process for decision making

Complaint must be in writing. It is then assessed and if within jurisdiction is investigated. If complaint is not declined, conciliation is attempted. If it cannot be conciliated, the Commission prepares a report to the federal Attorney-General who then tables the report in Parliament.

Its contact details are;

Australian Human Rights Commission

Street Address:
Level 8, Piccadilly Tower XXXXX
SYDNEY NSW 2000

Postal Address:
GPO Box 5218
SYDNEY NSW 2001

General enquiries: (02) 9284 9600

Complaints Infoline: 1300 656 419

General enquiries and publications: 1300 369 711

TTY: 1800 620 241

Facsimile: (02) 9284 9611

SMS: 0488 744 487

Email: [email protected]

Website: http://www.hreoc.gov.au/info_for_employers/contacts.html#hreoc

Conclusion

You would need to talk to each of the Commissioner's offices to ascertain which one you would be more successful in, which may be the first one.

You may want to see the link below;

http://jobaccess.gov.au/Home/Home.aspx

which may assist you in getting a job elsewhere.

I wish you well. If you have any other questions, please let me know. Otherwise, please don't forget to press the "Accept" button upon receiving this answer to your enquiry.

Sincerely,

Mary A.