Direct and Indirect Forms of Disability Discrimination

Direct discrimination

happens when someone is treated less favourably than someone else because of that individual’s disability. For example, it would be direct discrimination if persons with disabilities were excluded from voting on the basis of their disability. It would also be direct discrimination if persons who are wheelchair users were excluded from attending a sporting event on the basis that they would put others at risk during an emergency evacuation.

Indirect discrimination

happens when a working condition or rule disadvantages one group of persons more than another. For example, holding a job interview in the second floor of a building with no elevator puts wheelchair users at a disadvantage and holding telephone job interviews puts persons who are deaf at a disadvantage unless accommodations are made. Providing voting information on an inaccessible website puts persons with visual impairments at a disadvantage. Indirect discrimination is unlawful, whether or not it is done intentionally.

According to the Convention on the Rights of Persons with Disabilities (CRPD):

1. States recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
2. States shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.
3. In order to promote equality and eliminate discrimination, States shall take all appropriate steps to ensure that reasonable accommodation is provided.

The CRPD prohibits disability discrimination against someone with a disability in a wide range of life activities, including, but not limited to:

1. Employment: For example, when someone is trying to get a job, equal pay, or promotion.
2. Education: For example, when enrolling in a school, college, or university.
3. Access to premises used by the public: For example, using libraries, places of worship, government offices and courts, hospitals, restaurants, shops, cinemas, community centres, or other premises used by the public.
4. Provision of goods, services, and facilities: For example, when a person wants goods or services from shops, cafes, places of entertainment, banks, law offices, government offices, and medical clinics, among others.
5. Accommodation: For example, when renting or trying to rent a room in an apartment, boarding house, condominium unit, or house.
6. Buying land: For example, buying a house, a place for a group of people, or drop-in centre.
7. Activities of clubs and associations: For example, wanting to enter or join a registered club, or when a person is already a member.
8. Sport and recreation: For example, when wanting to play or watch a sport or participate in recreational activities.
9. Administration of government laws and programs: For example, when seeking information on government entitlements, trying to access government programs, or wanting to use voting facilities.