Workplace discrimination
The Federal Disability Discrimination Act 1992 makes it unlawful for employers to discriminate against people due to their disability. Brain injury is included under the definition of disability.
Your main obligations under the Act are:
- not to discriminate directly (you cannot treat a person with disability less favourably than a person without a disability in the same or similar circumstances)
- not to discriminate indirectly by having a requirement or practice that is less favourable to a person with a disability
- to make, where necessary, reasonable adjustments to allow a person with a disability to perform a job.
If a person with a disability can do the fundamental aspects of a job, they should be given a chance to do so. You need to show that all reasonable steps have been taken to ensure that discrimination and harassment do not occur in your workplace.
Protecting the privacy of people with disability
Information about an employee’s disability will often involve sensitive personal and health matters. To encourage employees to be open with you about disability issues, assure them that their personal information will be treated appropriately.
If an employee discloses a disability, you are required to keep all information about the disability confidential unless the employee consents to the information being shared.
The Your rights and responsibilities page of the JobAccess site has more information.