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1. What is the general meaning of discrimination, harassment and vilification in relation to a person's disability?

Discrimination can be direct or indirect. Direct discrimination occurs when, on the grounds of a disability, a person having a disability is treated less favourably than another person without the disability would be treated in similar circumstances. Indirect discrimination occurs when a condition or requirement is applied to everyone, but in practice affects people with a disability more adversely, is to their detriment, and such condition or requirement cannot be justified.

 

Harassment is any unwelcome conduct on account of a person's disability where it can be reasonably anticipated that the person would be offended, humiliated or intimidated (e.g. insulting remarks or offensive jokes about a person's disability).

 

Vilification is an activity in public which incites hatred towards, serious contempt for, or severe ridicule of people with a disability. For example, if a person speaks openly in public that people with a disability are useless and a burden to society, this may amount to vilification.

 

Discrimination, harassment or vilification of persons with a disability (or their associates) is unlawful under the DDO.