Disability Discrimination Lawyer
Clear Advice On Your Legal Rights At Work
If you have been treated unfairly at work because of a disability, you do not have to accept it. At Richardson & Lyons, a disability discrimination lawyer will explain your rights in plain language, look at what has happened, and set out the options open to you. Early advice puts you in a stronger position, before the situation worsens or a time limit runs out.
Understanding workplace discrimination and disability law
Disability discrimination happens when a person is treated worse, or put at a disadvantage, because of a disability. Disability is one of several protected attributes, alongside sex, gender identity, race, age, and sexual orientation. Discrimination based on any of these at work can be unlawful.
Our employment law team acts for employees who are dealing with unfair treatment at work and want clear answers about where they stand.
Under Australian disability law, ‘disability’ is defined broadly. It can include:
- physical disability, such as a mobility or vision impairment
- intellectual, psychiatric, sensory, and neurological conditions
- learning disabilities
- illnesses and medical conditions, including temporary or episodic ones
- a disability you had in the past, may have in the future, or that others only assume you have
The law can also protect people who care for, or are associated with, a person with a disability.
Discrimination can be direct or indirect.
Direct discrimination is when you are treated less favourably than someone without your disability in similar circumstances, such as being overlooked for a promotion after you disclose a health condition.
Indirect discrimination is when a rule or requirement applies to everyone but has an unfair effect on people with a particular disability. For example, an inflexible roster may be indirect discrimination if it stops someone attending necessary medical appointments and the requirement is not reasonable.
Discrimination can result in lost wages, damaged confidence and wellbeing, and significant emotional distress.
Your human and legal rights at work
01 How to tell if you are experiencing discrimination
How to tell if you are experiencing discrimination
Many people doubt whether what happened to them is serious enough to act on. Discrimination takes many forms, and it is not always intentional. Common examples include:
- being refused a job, promotion, or training because of a disability
- having your hours, duties, or pay reduced after you disclose a health condition
- being refused reasonable adjustments, such as modified duties, flexible hours, or accessible equipment
- being denied access to a workplace, facilities, or information in a format you can use
- being subjected to jokes, comments, bullying, or harassment about your disability
- being excluded from meetings, events, or opportunities others receive
- being dismissed or pushed out of your job because of a disability
A single incident can be enough. Employers can sometimes defend a decision, for example if:
- an adjustment would cause unjustifiable hardship
- you cannot perform the core duties of the role, even with adjustments
Each situation needs to be assessed on its own facts, so if you think you have been discriminated against, speak to one of our disability lawyers about whether you may have a claim.
02 What to do if you are being discriminated against
What to do if you are being discriminated against
You do not need all the answers before you ask for advice, but a few early steps can protect your position:
- Write down what happened, with dates, times, and the names of anyone who saw it.
- Keep emails, messages, rosters, and medical certificates.
- Ask for reasonable adjustments in writing, so there is a record of the request and the response.
- Check your employer’s discrimination, bullying, and complaints policies.
- Speak to a lawyer before resigning or signing anything, because doing so can affect your options and time limits.
03 How our workplace discrimination lawyers can help
How our workplace discrimination lawyers can help
Discrimination at work can leave you unsure of your next move. Our workplace discrimination lawyers support you at each stage.
- Looking at the facts. We go through what happened, how your employer responded, and what policies apply. We then help you identify and organise the evidence that supports your matter.
- Setting out your options. We explain whether the conduct may be unlawful, what outcome is realistic, and which pathway suits you.
- Acting for you. If you decide to proceed, we represent you in negotiations, in conciliation, and, where needed, before a tribunal or court. We keep you informed at every step. If your employment has ended or been affected, we also look at whether related claims, such as general protections, may apply.
04 Your employer’s responsibilities under disability law
Your employer’s responsibilities under disability law
Employers must not discriminate against employees because of a disability. In most cases, they must also:
- make reasonable adjustments so you can do your job, unless doing so would cause unjustifiable hardship
- provide a safe workplace, under work health and safety laws
- avoid treating you badly for raising a concern or making a complaint
The Disability Discrimination Act 1992 applies across Australia. In Queensland, the Anti-Discrimination Act 1991 adds further protection, using the term ‘impairment’ for disability. If your disability is connected to a work injury, your employer’s duties may also arise under workers’ compensation laws, which we can explain.
05 Making a complaint for a disability discrimination case
Making a complaint for a disability discrimination case
Deciding whether to complain is not easy. Many employees worry about the effect on their job, their relationships with colleagues, or their employer’s reaction. Your options include:
- raising your concerns with your employer
- making an external complaint to the Australian Human Rights Commission or the Queensland Human Rights Commission
- taking further legal action
If you make an external complaint or take legal action, you generally need to choose one pathway, so it is important to get advice on which suits your situation. Most complaints go to confidential conciliation, which aims to resolve the matter without a hearing. If it does not settle, the matter may go to a tribunal or court.
Possible outcomes include:
- compensation for lost wages and emotional distress
- an apology
- reasonable adjustments
- changes to workplace policies or training
Time limits apply, and they differ between pathways. Dismissal-related claims can have a limit as short as 21 days, while discrimination complaints generally have a limit of one year in Queensland or two years federally. We can tell you which limits apply to you, so seek advice early.
Experienced disability lawyers from our employment law team
Disability discrimination cases are personal, and they call for care and sound judgment. Our employment lawyers have extensive experience acting for employees in workplace discrimination matters. We give honest advice about the strengths and weaknesses of your situation, so you can make informed decisions and move forward with confidence.
Why choose Richardson & Lyons
You need lawyers who understand the law, take your circumstances seriously, and are straight with you about where you stand.
Clear communication
We explain disability law and the legal system in plain terms, so you understand your rights, your options, and what each step involves.
Prepared advocacy
We build your matter on evidence from the start, so your position is clear and credible when it is put to your employer or raised in conciliation.
Advice for your situation
Your role, your condition, and your workplace are unique. We take the time to understand them before recommending a realistic outcome and how to work towards it. Your first consultation is confidential, and you are always welcome to ask questions before deciding what to do.
Transparent pricing
We explain costs clearly from the start, and our Open Door Project offers affordable advice at fixed fees or discounted hourly rates if you cannot access government-funded help.
Frequently asked questions
Do I have to tell my employer about my disability?
In most cases, you do not have to disclose a disability when applying for or doing a job. You may need to if it affects your ability to perform the core duties safely, or if you are asking for reasonable adjustments. Speak to one of our disability discrimination lawyers before deciding what to share.
Can my employer dismiss me because of my disability?
An employer cannot lawfully dismiss you because of a disability. They may consider whether you can perform the core duties of the role once reasonable adjustments are made. If you have been dismissed, act quickly, because dismissal-related deadlines can be as short as 21 days.
Does disability discrimination overlap with harassment or bullying?
It can. Offensive comments, bullying, or exclusion linked to your disability may be unlawful in their own right. Sexual harassment is a separate form of workplace harassment, and you can read more about it on our dedicated page.
An initial consultation is a good place to discuss what happened and where you may have grounds for a claim.
Speak to a disability discrimination lawyer about your options.
If you are experiencing discrimination at work because of a disability, you do not have to face the next step alone. Contact our team today to arrange a confidential consultation. We will listen, explain your legal rights, and give you an honest view of your options.
