Legal Research Folio 6 Essay Example

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In conclusion, the Disability Discrimination Act 1992 (Cth), is the main legislation that is used to prevent the discrimination and unfair treatment of the people with disabilities. Arguments have also been raised that the law treats the people with disability unfairly. However, it is evident that the relevant legislations that have been put in place are for the purposes of protecting the rights of the disabled people from discrimination and unfair treatment. The Disability Discrimination Act 1992 (Cth) clearly defines the category of people who can be considered disabled. However, it is also important to note that the legislation also clearly outlines what discrimination of the disabled people at the work place is. The issue of fairness in employment is an important concept in the society. This is because employment is an important issue and in most cases it determines the level of acceptance of individuals in the society. The disabled people usually encounter a lot of challenges in terms of securing employment and maintaining their jobs. Most of the employers do not believe that the employees with disabilities can perform their duties effectively. Some organizations have come up with laws that indirectly discriminates the people with disabilities in terms of employment. This has resulted to court cases where the courts have established that the employers have been engaged in either direct or indirect discrimination. Some gaps in the laws have impacted negatively on the fight against discrimination and unfair treatment of the disabled people during employment. The problem of unfair treatment of people with disabilities in terms of employment is not only limited to Australia but it is also a problem at the international level.

At the international level, most of the countries have laws for the purposes of preventing the unfair treatment of the people with disabilities in terms of employment. However, the implementation of the laws is a challenge which has contributed to the persistence of the problem. It is thus notable that the required laws are in place but the problem lies on the goodwill and implementation. Some work environment promotes the unfair treatment of the people with disabilities or creates a barrier to the people with disabilities. The unfair treatment of the people with disabilities in terms of employment is also a problem in the public sector. Although the government is responsible for drafting of the implementation and drafting of the laws on discrimination, some of its agencies and departments are still practicing the vice. The corporate culture has also contributed to the unfair treatment of the people with disability. Most of the corporate cultures focus on productivity and profits which the companies assume the people with disabilities cannot achieve. Promoting equality among the people with disabilities in employment is important to the society. This is also an important human right as the people with disabilities also have their own economic needs just like the other members of the society. The courts and the Ombudsman office are also important institutions that play an essential role in ensuring that the people with disabilities are not discriminated during employment. The unfair treatment of the people with disabilities in terms of employment has also contributed to the increase in number of disabled people who are not employed.

The discrimination of disabled in both the public and private sectors has a negative impact on their social and economic wellbeing. Most of the people with disabilities have ended up loosing on job opportunities despite having the required qualification. The employers need to change their attitudes towards the people with disabilities. Most of the employers understand the requirements of the law but they are not willing to comply. In some instances, the employees may become disabled when performing their duties for the organizations. Most of the companies usually treat such employees unfairly with most of them ending up loosing their jobs. The legislation in Australia also outlaws such form of discrimination. However, it is lawful to terminate the contract of an employee who develops illness of physical injuries and is unable to continue performing their duties. In Australia, those who are found guilty are usually ordered to compensate the victims. The situation may not change in future unless proper measures are put in place. The government should ensure that the stern action is taken against the employers who treat the employees or potential employees unfairly. It is also important for the laws to be fully implemented in order to ensure that all the employers adhere to it. The sensitization of the employers and their representative should also be carried out so as to enable them understand that unfair treatment of the people with disability is against the law. This will ensure that discrimination of the people based on disability in terms of employment is eliminated.