Lawful Discrimination Definitions

by Rania J | March 1, 2012 3:21 am

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Charities
Compliance with other laws
Court orders
Inherent requirements of the job
Insurance and superannuation
Migration
Peacekeeping and combat duties
Pensions
Public health (DDA)
Public health (ADA) 
Special exemptions
Unjustifiable hardship 

 

 

 

Charities
The DDA and ADA do not apply to certain charities, which confer benefits for a particular group.

 

Compliance with other laws
Under the ADA, where an employer, service provider, landlord etc. must comply with another law and the obligations imposed by the other law make is impossible to avoid discrimination, then the discrimination will not be unlawful.

Court orders
It is lawful to discriminate if it is necessary to comply with a decision of:

 

Inherent requirements of the job
When complaining about disability discrimination in relation to employment, you need to show that your disability does not stop you from completing the essential features of the job.

This does not mean you have to be able to meet all the requirements of the job, only those that are essential to the position. This is known as meeting the ‘inherent requirements’ of the job. For example, it is probably an inherent requirement of a painter’s job to be able to climb ladders and carry paint tins.

In order to meet the requirements of the job, you might need some adjustments to be made. Provided the adjustments will not impose an ‘unjustifiable hardship’ on the employer, the employer is not allowed to discriminate against you simply because you need adjustments.

Insurance and superannuation
It is lawful to discriminate in the provision of insurance if it is based on actuarial or statistical data that is reasonable to rely on.

Migration
Discriminatory provisions of the Migration Act 1956 are exempt from the DDA.

Peacekeeping and combat duties
Employment in the Defence Force in combat or peacekeeping roles is exempt from the DDA.

Pensions
Discriminatory provisions of various Federal laws concerning social security, pensions and allowances are exempt from the DDA.

Public health (DDA)
It is lawful to discriminate against a person with an infectious disease if the discrimination is ‘reasonably necessary’ in order to protect public health.

Public health (ADA)
It is lawful to discriminate against someone if it is necessary to do so for public health and safety.

Special exemptions
The Commission or the Minister has power to grant an exemption under the Act.

Unjustifiable hardship
If the employer’s ability to make adjustments or a service provider’s ability to provide services will result in an unjustifiable hardship, then it may be lawful for the employer or service provider to discriminate against a person with a disability.

The factors that need to be taken into account to determine whether there will be unjustifiable hardship include:

Endnotes:
  1. [Image]: http://wr.readspeaker.com/webreader/webreader.php?cid=JWNT7W1TR6AYV6W8S715YFSTZ2LI7KHH&t=wordpress&url=http://disabilitylaw.org.au/disability-discrimination/lawful-discrimination-definitions&title=LawfulDiscriminationDefinitions

Source URL: http://disabilitylaw.org.au/disability-discrimination/lawful-discrimination-definitions