Things to consider before making a complaint

If you have a disability discrimination issue you’ll first need to work out how you want to deal with it. Taking legal action is just one of several options.

Initial self-help options

An initial option is to send a written complaint to the discriminating party. As part of the complaint request a reply, informing them that if they do not reply within 14 to 21 days you will take the matter further.

This letter should include as much detail as possible, including:

  • An explanation of your disability
  • Date/s the event occurred
  • Details of what has happened to you
  • How you were affected by the discriminatory event
  • Any actions you took to bring the event to the discriminator’s attention

Other options available to you

  • Take legal action in a different area of law, such as industrial relations law, consumer law, contract law or the law of negligence
  • Make a complaint through the internal grievance procedures of the organisation or company that is discriminating against you
  • Make a complaint to an independent dispute-resolution body that is located in the area in which you have experienced discrimination
  • Make a complaint to a professional body that regulates the work of the person who is discriminating against you
  • Have the matter dealt with through an independent person, such as a private mediator

Decide on the outcome are you seeking

Before you decide to take legal action it is important to think about:

  • What you want to get out of it
  • Whether the desired outcome is available
  • How long the process might take
  • The costs involved

Taking action under the law can achieve the following general outcomes:

  • Changes to policy or practice
  • Reversal of discriminatory action, for example job reinstatement or promotion
  • An apology, either publicly or privately
  • Compensation paid to you, for the loss or harm you have experienced because of discrimination

Be prepared

Taking legal action can be stressful. You may have to communicate unpleasant events many times over and in great detail. Consider how this sort of stress might impact on your life and what networks you can seek support from.

A final consideration

Many of these outcomes are achieved through conciliation or negotiation, if the respondent agrees to do what you ask. If the matter goes to a court or tribunal the remedies and orders made will be more limited.

They may not agree to the outcome you seek or make the orders you want. It is important to have realistic expectations of what type of orders may be made and amount of damages. You can only recover what you have lost.