Discrimination
Disability discrimination means people are treated worse than others because they have a disability.
Discrimination against students with disability is against the law under the Disability Discrimination Act 1992 This link will open in a new window (DDA) and the Disability Standards for Education 2005 This link will open in a new window (the Standards). This includes both direct and indirect discrimination.
Definitions
Direct discrimination occurs when a person is treated unfavourably because they have an attribute (such as age or disability) covered by law.
Indirect discrimination occurs when everyone is treated in exactly the same way, even though this unreasonably disadvantages someone because they have an attribute covered by law.
Discrimination can occur because individuals have low expectations of people with disability and don’t give them opportunities to achieve. However, expectations can improve with use of an enabling approach and language that focuses on what people can do. For example, a person with disability 'uses a wheelchair for mobility' instead of being 'confined to a wheelchair'.
Discrimination is also less likely if people recognise that their own responses to students with disability can be as limiting as the disability itself: refusing to allow a student to go on a camp because they have a disability restricts the student’s learning opportunities and is discrimination.
In all cases, a person with disability has the right to be respected for their human worth and dignity, and to live without experiencing discrimination based on disability, regardless of the degree and nature of their disability.
Question
Is this discrimination?
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Lucy becomes excitable and makes noises in new environments due to her disability. During a school excursion to a museum, a tour leader wants to exclude her from the class tour of the exhibition.
Yes, this is direct discrimination: a student with disability is treated unfairly because of behaviour that is a symptom of their disability.
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John has low vision and is given the same time as everyone else in an exam even though it takes him longer to answer each question because he has to respond on his braille machine, then take his fingers off and find his place for the next question in the text.
Yes, this is indirect discrimination: rules applying to all students adversely affect a student with disability.
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For a Year 10 outdoor education program, nine students miss out on their first choice to participate in an overnight hike and are placed in a canoe trip instead, because places are distributed by ballot. One of these students – Peta – has a disability.
No, this is not discrimination: Peta was denied her first choice because all places were allocated by ballot, not because she has a disability.
Spotlight: Preventing discrimination
Disability discrimination can be prevented by making reasonable adjustments for students with disability.
I am a … student with disability
I can expect:
- the school will consider my needs
- the school will consult with me or my parent, guardian or carer about reasonable adjustments
- the school will make reasonable adjustments if they are needed for me to participate in activities on the same basis as students without disability
- the school will treat me differently from other students when this assists me and it is fair to do so.
I can contribute by:
- telling the school if I am having difficulties
- telling the school if I am treated less favourably than other students because of my disability
- discussing with the school the ways I learn best.
I am a … student without disability
I can expect:
- the school will make reasonable adjustments so students with disability can participate in activities on the same basis as me
- the school will treat other students differently from me when this assists them and it is fair to do so.
I can contribute by:
- telling the school if these adjustments make it harder for me to learn.
I am a … parent, guardian or carer or of a student with disability
I can expect:
- the school will consider and address barriers to my child’s education
- the school will consult with me about reasonable adjustments for my child
- the school will make reasonable adjustments so my child can participate on the same basis as other students
- the school will treat my child differently from other students when this assists my child and it is fair to do so.
I can contribute by:
- discussing my child’s needs with the school
- sharing ideas for removing barriers
- expressing any concerns if my child is being treated less favourably because of their disability.
I am a … parent, guardian or carer of a student without disability
I can expect:
- the school will make reasonable adjustments so all students can participate in activities
- the school will treat students with disability differently from my child when this assists them and it is fair to do so.
I can contribute by:
- telling the school if adjustments for other students affect my child.
I am a … parent, guardian, carer or other associate with disability
I can expect:
- the school will consider my needs and assist me to be involved in my child’s education.
I can contribute by:
- informing the school of my disability and how it affects my involvement in my child’s education.
Related resources
- NCCD key contacts
- Australian Human Rights Commission This link will open in a new window
- Disability Discrimination Act 1992
- Disability Standards for Education 2005 This link will open in a new window
- Embracing diversity This link will open in a new window
- Talking about people with disability This link will open in a new window
- Language guide This link will open in a new window
- mail Email
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