Disability Discrimination Solicitors – Compensation Claim Lawyers Australia

 
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If you have been discriminated against because of a physical or mental disability, you have a statutory right to make an application to the Human Rights Commission which can investigate claims and may become involved in negotiations for conciliation. If the complaint cannot be resolved through the Human Rights Commission then a claim for compensation can be made in a court of law. The legislation applies nationwide throughout Australia and is dealt with in the Federal Court. A claim for compensation can be made by our disability discrimination solicitors for past and estimated future economic loss, medical expenses and appropriate damages for pain and suffering. This type of claim is financially unlimited and is not capped to any specific amount of damages and in addition the errant employer must also pay for the legal costs of taking the action.

All complaints to the Human Rights Commission must be in writing whereupon the complaint will be assessed and if within the jurisdiction of the Human Rights Commission will be investigated with a view to conciliation. If the complaint cannot be conciliated, a complainant may then take the matter to the Federal Court of Australia or the Federal Magistrates Court.

The following anti-discrimination laws operate nationally at a federal level and the Australian Human Rights Commission has statutory responsibilities under them :

  • Australian Human Rights Commission Act 1986
  • Disability Discrimination Act 1992
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984
  • Age Discrimination Act 2004

The Disability Discrimination Act 1992 covers 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 including HIV.

This form of discrimination refers to treatment of a disabled person that:

  • is unlawful because it is for a reason related to a disability
  • is less favourable than the way in which others, to whom that reason doesn’t apply, are treated
  • the employer cannot show that the treatment is justified.

One of the most common forms of disability discrimination that occurs in the workplace relates to the situation where an employer fails to make reasonable adjustments or take reasonable steps within the workplace to accommodate a disabled employee. This failure to take reasonable action by an employer places the disabled person at a distinct disadvantage when compared with able bodied employees. Employers must make adjustments that are reasonable or be in breach of human rights law in Australia and as a result become susceptible to legal action.

Solicitors Helpline: ☎ 1800