Direct Discrimination of Physically Disabled Persons: Comparative Analysis of New Zealand, Australian and Russian Legislation

Abstract

For centuries society has tended to isolate persons with disabilities (PwDs) hampering their full participation in all living spheres. Only at the end of the twentieth century have governments started to take active measures to overcome this historical unfairness and prevent unjust treatment by enacting relevant legislation. However, in the employment sphere, many PwDs are still facing environmental and social barriers precluding their employment. So instead of being employed taxpayers, PwDs remain simply as segregated individuals and objects of welfare. This paper will investigate how efficient the legislation of Australia, New Zealand and Russia is in allowing PwDs to have their special needs accommodated and thus, to be employed. Another question to be considered is how it is possible for PwDs to prove that they have experienced discriminatory treatment. The paper will first consider international and local legislation framework in the context of the PwDs in the employment sphere. Secondly, the paper will examine what is discrimination on the basis of disability according to local legislation. The paper will show what algorithm should be followed in order to establish whether PwDs have been faced with prima facie discrimination. Thirdly, the paper will reveal the obligations of the employers and any defences they could rely upon when arguing that obligations imposed are impossible. Finally, a conclusion will be offered.