1. Disability Discrimination
A Human Rights and Equal Opportunity Commission (HREOC) report found physical barriers, affordability and equipment access barriers are preventing people with disabilities from having effective access to e-commerce and new information technology services.
2. Right of access to information
Human rights commitments made by Australian governments under various international agreements require:
(a) people have access to information, government services and opportunities in areas such as education and employment;
(b) people have access to commercial services necessary to secure an adequate standard of living without unnecessary restrictions and without discrimination on grounds such as age or disability;
(c) signatories ensure equal access and treatment in public services and programs and ensure these rights without any discrimination.(1)
Ensuring people with disabilities have access to appropriate internet and information technology resources falls within these obligations.
3. Employer obligation
Many people access the internet and email from their workplace. Employers have a responsibility to ensure that employees with disabilities have the same access to internet, email and other technologies as other employees.
A facility or service available to all employees except those with a disability may constitute discrimination even if the employer does not intend to discriminate. For example, if employees in a particular workplace communicate by email and an employee has an impariment which prevents that same communication, an employer must take reasonable steps to accommodate that impairment.
For example, in relation to vision impairment, by providing a larger screen or voice activated software. A court may find the employer has indirectly discriminated against the employee if it fails to take reassonable steps to accomodate the impairment.
Discrimination on the basis of disability is only permitted where such steps would impose an unjustifiable hardship on the employer in the circumstances.
Other relevant Articles on this site:
Best practice model
Email legal risk
Other relevant Fact Sheets:
Disability Discrimination
End Notes
(1) International Covenant on Civil and Political Rights Articles 25, 26