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发表于 2003-12-23 06:18
新南威尔士：
Is it against the law to discriminate against me because I have an infectious disease?
Yes. In New South Wales it is generally against the law to treat you unfairly or harass you because you have an infectious disease, including hepatitis A, B or C; if you are living with HIV/AIDS; or if you have an airborne disease such as tuberculosis. It is against the law to discriminate if:
●you have an infectious disease now, or someone thinks you have an infectious disease - this applies even if you have no symptoms
●you had an infectious disease in the past, or someone thinks you had one in the past
●someone thinks you might get an infectious disease in the future
●you have a relative, friend or work colleague who has (or someone thinks has) an infectious disease.
歧视传染性疾病患者是否违反法律？
是的。在新南威尔士，任何因你患有传染性疾病（包括甲型肝炎、乙型肝炎和丙型肝炎）而给你不公平的对待或困扰，都是违法的。…………，因下列情况而歧视你都将导致违法：
●你正患有传染性疾病，或别人认为你患有传染性疾病——尽管可能没有任何症状。
●你过去曾患有传染性疾病，或别人认为你曾经患有。
●他人认为你将来可能会感染某种传染性疾病。
When is it against the law to discriminate?
Discrimination is against the law:
●in most types of employment - when you apply for a job, or at any time during your employment, or when you leave a job. If you can do the job safely and effectively then you must not be discriminated against
●when you try to get, or get, most types of goods or services - for example, from shops, dentists, doctors, hospitals, pubs and entertainment places, banks, lawyers, government departments, local councils
●when you rent, or try to rent, accommodation - for example, a unit, house, commercial premises, hotel or motel room, caravan...
●when you apply to get into, or are studying in, any state educational institution - government school, college, TAFE or university
●when you try to enter, join or get services from a registered club - a registered club includes any club that sells alcohol or has gambling machines.
何时的歧视才会违法法律？
歧视违法法律。
●在大多数工作形式中——当你申请某种工作，或者正处于工作状态的任何时候，或者辞去某种工作的时候。如果你能安全而又有效率地从事这项工作的，你不能因此而遭受歧视。
●当你从某处购买或接受绝大多数商品和服务时（或做出这样的努力时）——如商店、牙科医生、医生、医院、酒吧以及娱乐场所、银行、律师行、政府部门和地方机构等。
●当你租用某个地方时（或做出这样的努力时）——如一个单元、房屋、商业场地、宾馆或者汽车旅馆、旅行队等等。
●当你申请进入任何一所国家教育机构时就学时或正求学于此——如公立学校、学院、TAFE或者大学。
●当你准备加入或从注册俱乐部接受服务时——一注册俱乐部包括出售酒精或者赌博机器的任何俱乐部。
Employers, service providers, education providers, etc also have a legal duty to provide you with any special facilities or services you need in order to do the job, access the service, study at the educational authority, etc, as long as it will not cause them "unjustifiable hardship" to do this.
雇主、服务提供者、教育提供者等也有向你提供从事该工作所必学的任何特殊设备或者服务的法定义务。……只要这样做不会为他们带来“不合理的麻烦”。
If an employer, workmate, service or accommodation provider tells anyone else about your infectious disease when you have not said they can, this could also lead to discrimination that is against the law. It may also be against privacy laws.
如果雇主、同事、服务或住所提供者未经你的允许告诉任何人关于你的传染病病情，它将导致违反法律的歧视，也将违反有关保护隐私的法律。
However, some infectious diseases are classified as notifiable. This means that a health care practitioner may have to notify a Public Health Unit about your infectious disease.
但是，一些传染性疾病被归类为“应通知的”。 这意味着一位保健医生可能必须把你的的病情通知公共卫生机构。
Public health and safety exceptions
An employer or service provider is allowed to discriminate against you if another law tells them that they must.
●They may have to discriminate against you because of public health or occupational health and safety laws. For example, you are not allowed to handle food when you are in the acute stage of many infectious diseases, such as hepatitis A or you may not be able to do certain specialised medical work because you have hepatitis C. For more information on these diseases contact:
●If there is an outbreak of an infectious disease (eg whooping cough or measles) in a day care centre, preschool, or primary school, the organisation‘s director or principal can be instructed by the Public Health Unit to exclude an unimmunised child for the duration of the outbreak.
公共卫生和安全的例外条款
如果有其他法律要求他们必须这么做，雇主或服务提供者将被允许歧视传染病患者。
●他们可能会因为健康或者职业健康与安全法律的要求而这么做，例如你将不允许在很多传染病的急性阶段（如甲型肝炎）处理食品， 又比如你将因为患丙型肝炎而不被允许从事某些特殊的医药工作。
●如果在一家托儿所、学前教育机构或小学有一种传染性疾病(例如百日咳或者麻疹)爆发，组织的主管或负责人可能会应公共卫生机构的要求在爆发期间不接受患病儿童。
However, there are only rare occasions when health and safety obligations mean that someone can discriminate. This means that it is generally not OK to:
●refuse to hire you or provide you with a service or accommodation because you have hepatitis or some other infectious disease
●make you have a blood test, isolate, dismiss or segregate you because you have an infectious disease
●breach your confidentiality or privacy in the belief that others have the right to know about your disease for their own safety
●treat you badly because they think you use drugs and therefore they assume you have an infectious disease
●treat you unfairly because they think you are gay and therefore they assume you have an infectious disease.
但是，这些只是发生在健康和安全法律表明可歧视的稀有场合，这表明，在一般情况下，下列行为是不对的：
●因为你患有肝炎或者其他传染性疾病而拒绝雇佣或者为你提供服务或者住宿。
●因你得传染病而对你进行血样检查、隔离、开除或者孤立。
●以他人出于自己的安全原因有权了解你的病情为借口，侵犯你的隐私权。
●因为你服用药物而认为你患有传染病，从而不好地对待你。
●因为你过得快乐而认为你患有传染病，从而不公平地对待你。
Some complaints that we have handled
1. A woman complained to the Board that when she revealed that she had hepatitis B to a specialist doctor, he told her that he was too busy and to go elsewhere. The complaint was settled when the doctor gave her a written apology, and agreed to change his policy to ensure that this would not happen again.
我们已经处理的一些抱怨：
1、一妇女抱怨当她告诉一专科医生她患乙型肝炎的时候， 他告诉她他太忙并正要去其他地方。抱怨最后以医生向她书面道歉，并且同意改变做法，保证下不为例而解决。
2. A person complained to the Board that he was forced to resign from his job when after informing a supervisor of his hepatitis C status all the employees were told of this, and he had to undergo a compulsory blood test. As a result of conciliation he received financial compensation for lost wages and the humiliation he had suffered as well as the organisation agreeing to change its work practices and policies
2、一个人抱怨说他在他把他的病情通知监督员后，所有雇员都被告知此事，他被迫辞职。并接受了强制血样检验。经过调解，他得到经济赔偿以补偿他的工资损失和遭受的羞辱，以及雇主同意改变它的工作惯例和政策。
[此贴子已经被作者于2003-12-22 17:22:46编辑过]
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