Page 55 - Mini-Module 9

The following extracts from the Code provide a basic understanding:

Direct disability discrimination means treating a person with a
disability less favourably than another person without that disability,
in comparable circumstances, on the ground of the disability.

Indirect disability discrimination exists when a person applies the
same requirement or condition to a person with a disability as well as
to another person without the disability, but the outcome is
detrimental to the person with the disability and the first mentioned
person cannot show the requirement or condition to be justifiable. In
such circumstances it is unlawful to treat a person with a disability and
another person without the disability in the same way. This is because
in some circumstances the person with the disability cannot comply
with the requirement or condition due to the disability.

It is considered disability discrimination to treat a person with a
disability less favourably because he or she uses an auxiliary aid, or is
accompanied by an assistant such as an interpreter, reader or carer.

Disability harassment means unwelcome conduct towards a person
on account of his or her disability, or towards this person’s associate,
where a reasonable person, having regard to all circumstances, would
have anticipated that the person with the disability would be
offended, humiliated or intimidated.

Disability vilification occurs when someone, by any activity in public,
incites hatred towards, serious contempt for, or severe ridicule of a
person with a disability or members of a class of persons with a
disability. Serious disability vilification occurs when a person, by any
activity in public, incites hatred towards, serious contempt for, or
severe ridicule of a person with a disability or members of a class of
persons with a disability and involves threatening physical harm to a
person with a disability, his or her property or premises, or the
property or premises he or she has access to. Inciting others to
behave in this way also amounts to serious disability vilification.
Serious disability vilification is a criminal offence.

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