Example research essay topic: People With Disabilities Indirect Discrimination - 1,464 words

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This paper will discuss disability discrimination and the legislative and non-legislative tools used to combat it. The major piece of federal legislation, the Disability Discrimination Act (1992) will be examined in considerable detail, and an attempt will be made to analyze its strengths and weakness, with reference to various opinions put forward by individuals and organizations concerned with its implementation. Particular emphasis will be placed upon the compliance of the Act. The issues that have been subject to public debate will be discussed, including arguments for and against compliance processes that have been suggested by governmental bodies. A comparison will be made between measures used in other nations to counter disability discrimination, with the view of making suggestions on improving the processes proposed in Australia. Possible models for Compliance in Education will then be listed, and finally an opinion will be made as to which of these models would be the most appropriate, with consideration as to the circumstances in Australia today.

What is Disability Discrimination? Section 5 of the Disability Discrimination Act 1992 (Cth) outlines the meaning of Disability Discrimination. Disability discrimination happens when people with a disability are treated less fairly than people without a disability. Disability discrimination also occurs when people are treated less fairly because they are relatives, friends, co-workers or associates of a person with a disability. It is against the law to discriminate against someone if they have a disability in various areas of life. All governments in Australia have responsibilities under the DDA to ensure that this type of discrimination does not occur.

The Federal Disability Discrimination Act makes disability discrimination against the law, covering a broad range of areas in life including employment (s. 15), education (s. 22), access to premises (s. 23), accommodation (s. 25), buying land (s. 26), sport (s. 28) and many more. The definition of "disability", as stated in s. 4 of the Act, is very broad, including disability of the following kinds; physical, intellectual, psychiatric, neurological and physical disfigurement. The DDA also protects people like relatives, friends, carers and co-workers of a person with a disability if they are discriminated against because of the person's disability. Harassment because of disability, such as insults or humiliating jokes, is unlawful (under ss. 35 - 40 of the Act) in employment, education and in the provision of goods, services and facilities. The DDA was passed by the Commonwealth Parliament in 1992. The objectives of the DDA, as set out in s. 3, is to eliminate discrimination against people on the grounds of disability, to ensure that people with disabilities have the same rights before the law as the rest of the community, and to promote the principle that people with disabilities have the same rights as the rest of the community.

The DDA makes both direct and indirect discrimination unlawful. Direct discrimination involves treating a disabled person less favourably. Indirect discrimination occurs when a disabled person is required unnecessarily to comply with rules and conditions. Under the DDA, a person who considers that he or she has experienced disability discrimination can make a complaint. Section 33 of the DDA contains provisions for the making of standards in areas such as education, where this could provide a more systematic way of addressing possible disability discrimination. The Human Rights and Equal Opportunity Commission (HREOC), (its functions are set out in s. 67 of the DDA), has held that the DMA covers State Government education departments as well as other educational institutions.

This includes all public and private educational institutions, primary and secondary schools, and tertiary institutions such as TAFE, private colleges and universities. Section 22 of the DDA states that educational institutions must offer a person with a disability the same educational opportunities as everyone else. This means that if a person with a disability meets the necessary entry requirements of a school or college he or she would have just as much chance to study there as anyone else. Amongst the many types of disabled people protected are those who are unable to read, write or communicate effectively because of learning disabilities, and those who are unable to concentrate or pay attention properly. Institutions must base their decisions on a person's ability to meet the essential requirements of the course. They should not make assumptions about their potential because of a disability.

Section 22 of the DDA protects people with a disability against discrimination in education in the following areas: Refusal or failure to accept an application for admission form a person with a disability, or accepting a person with a disability as a student on less favorable terms or conditions than others. Denying or limiting access to people with a disability. Expelling a person because of a disability. Subjecting a person with a disability to any other detriment. In s. 37 of the Act, it states that it is unlawful to make humiliating comments or actions about a person's disability, such as insults, or comments or actions that create a hostile environment.

If a person with a disability meets the essential entry requirements of the particular institution, then the institution must make changes or "reasonable adjustments" if that person needs them to perform essential tasks. For example, if a student is unable to perform experiments in chemistry class because the bench is too high, the institution must provide lower tables, or make other adjustments to enable the student to perform the required task. Adjustments would include: Modifying educational premises. For example; making ramps, modifying toilets and ensuring that classes and rooms are made accessible to the person with the disability. (s. 23) Modifying or providing equipment. For example; lowering tables, enlarging computer screens and providing specific computer software. (s. 24) Changing assessment procedures. For example; allowing for alternative examination methods such as oral exams, or allowing additional time. (s. 24) Changing teaching methods.

For example; providing study notes or research materials in different formats. (s. 30) Issues arise when the institution refuses to admit a student with a disability. The institution may not be able to provide essential support mechanisms or study aids to meet the disabled person's needs. Similar issues arise when a student is excluded or suspended after a certain period in an institution. Many students with a disability have reported discrimination and blatant discouragement of their participation by teachers and principles. However, the DDA does not require changes to be made if this will cause major difficulties or unreasonable costs to an educational institution. This is called "unjustifiable hardship." Before they can claim that adjustments are unjustified, institutions need to: 1.

Thoroughly consider how an adjustment might be made, 2. Discuss this directly with the person involved, and 3. Consult relevant sources of advice. Case law suggests that, in addition to the adherence of the general rules of elimination of discrimination, a reasonable balance between the rights of the student with a disability and the rights and well being of the other students and teachers need to be taken into account.

This principle was taken into account in L v Minister for Education for Queensland (1996) EOC, where it was held that the students behavioral problems caused "unjustifiable hardship" for the student's teacher: "Costs alone would not necessarily persuade me that unjustifiable hardship existed; the greater problem is that even with that level of resource, as long as L remains in the regular classroom, disruption of other children is inevitable, at least until her skills are improved. Even the process of intervention, with withdrawal of her from the classroom when she is noisy or requires toileting, must of itself be disruptive to other children. " (92 - 787 at 78, 821). An important factor to be considered in determining the existence of "unjustifiable hardship" is outlined in the DDA s 11 (a), where it states that the "nature and benefit or detriment likely to accrue or be suffered by any persons concerned" is to be taken into account. DDA Education Standards Section 33 of the DDA includes provisions for the making of standards in education, where this could provide a more systematic way of avoiding disability discrimination. Standards under the DDA have the potential to make people's rights and obligations under the DDA easier to understand. This is a compliance mechanism that works by setting out in much greater detail what must be done to obey the law.

If done well, a Disability Standard can help providers comply with the DDA through clarifying their obligations and by setting out how they can fulfill those obligations. A Disability Standard for Education has been prepared by the Ministerial Council of Education, Employment, Training and Youth Affairs (MCEETYA). The MCEETYA set up a Taskforce to consider whether education standards under the DDA could be developed. The Taskforce includes representatives of State Government and non-government...

Research essay sample on People With Disabilities Indirect Discrimination