Discrimination

I've been treated unfairly because I have Hepatitis C.

In South Australia it is unlawful to discriminate against someone who has hepatitis C.

What is discrimination on the basis of hepatitis C?

Direct discrimination is treating a person with hepatitis C less favourably than a person without hepatitis C.

  • Dave was refused a job as a farm hand by the manager, because he was told that Dave had hepatitis C. The farm manager directly discriminated against Dave on the basis of his having hepatitis C.

Indirect discrimination is treatment that appears on the surface to be fair or neutral, but which has an unequal effect on people with hepatitis C.

  • Registered teachers were invited to work in a rural community project. One of the requirements was that the teachers be “well accepted in the community.” Melinda, a teacher, had hepatitis C. She was refused employment because, although her references showed that she had exceptional skills for the job, the project organisers decided that the local community would not accept Melinda because of her condition.

    The employers’ requirement for community acceptance may have indirectly discriminated against Melinda.

Where is discrimination unlawful?

You have the right to be free from discrimination in public life. That is why it is against the law to treat a person unfairly because they have hepatitis C.

It is against the law to discriminate against people who have hepatitis C in these areas:

  • Employment, including agents, contract workers, and partnerships
  • Education
  • Goods and Services
  • Accommodation
  • Clubs and Associations
  • Conferral of Qualifications
  • Disposal of Land
  • Superannuation and provident funds
  • Funeral Services

Have you been refused accommodation or a lease because the landlord knew you had hepatitis C?
Have you been asked about hepatitis C in a job interview, or on a job application form, although it was irrelevant to the position you were applying for?
Has hospital care been withheld because staff believed that you had symptoms of hepatitis C?

These cases may constitute unlawful discrimination.

You are not legally required to disclose your hepatitis C status to anyone. It is your choice whether you disclose this information to anyone else. Health care workers in high risk settings should consult relevant guidelines.

What can I do about it?

You have a right to take action if you believe that you have been treated unfairly. Discrimination is against the law. Sometimes, taking action can solve the problem. It can also make things better for other people in the future. Doing nothing usually means that the situation will stay the same or grow worse.

Here are some things you can do:

  • Talking to whoever is behaving in a discriminatory manner can help. Sometimes discrimination is unintentional and will stop if it is explained to them.
  • If it happens at work, talking to a manager, a Union representative or an Advocacy Service can also help.
  • Get in touch with the Hepatitis C Council or an Advisor at the Equal Opportunity Commission.
  • If you are an employer, staff training and eduction can solve problems before they begin. The Equal Opportunity Commission offers a variety of such courses.

Other grounds of unlawful discrimination it is unlawful according to The South Australian Equal Opportunity Act 1984 for anyone to be treated unfairly on the grounds of:

  • Marital Status
  • Age
  • Race
  • Sex
  • Sexuality
  • Physical or Intellectual Impairment
  • Pregnancy

It is also unlawful to sexually harass another person by paying unwelcome sexual attention to them or to victimise another person by treating them unfairly because they have acted upon their legal rights, under Equal Opportunity laws. For example, if your job is threatened because you have made a complaint to the Equal Opportunity Commissioner. South Australian law may differ from federal law and the laws of other states. The material in this fact sheet is intended as a guide only, and should not be relied upon as a substitute for legal advice.

For more information on discrimination, please contact [TO BE FILLED IN]

This information was produced by the Hepatitis C Council of SA Inc. with the help of the South Australian Equal Opportunity Commission for a pamphlet on Discrimination and Hepatitis C.