Disability & Discrimination in NSW
NSW’s Anti-Discrimination Act 1977 (the Act) makes certain types of behaviours carried out in certain circumstances unlawful.
One of those circumstances is where one person has a disability and their disability is one of the reasons for another person’s discriminatory behaviour.
In this situation, that behaviour will be unlawful, regardless of whether or not the person’s disability is only one of the reasons for the behaviour and/or is not the main reason for the behaviour.
It is important for PCBUs to be aware of this part of the Act, because it may affect the way in which they decide to carry out their obligations under the WHS laws, especially in relation to managing the risk of psychosocial hazards in the workplace.
The focus of these articles is on that part of the Act which relates to behaviours in the workplace as they can overlap with WHS laws.
This series of articles will explain:
what is meant by:
a ‘disability’, and
‘discrimination’, and
when those behaviours are or are not unlawful.