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Equal Opportunity Act Needs to Stop Discrimination Based on Medication

Victorians should not be discriminated against based on their medication—including ADHD prescriptions, medicinal cannabis or pain medication. Legalise Cannabis Victoria is introducing a Private Members’ Bill that could end that bigotry. MPs David Ettershank and Rachel Payne believe that no one should be ‘defined’ by a medication or medical treatment in the workplace, university or school, sporting clubs, healthcare settings like hospitals, or anywhere in public life.

“We hear too many stories of people who are mocked, disrespected, even dismissed from their employment just for taking a needed, legal, prescribed medication or treatment”, Mr Ettershank said. “We have fought to protect the rights of cannabis consumers, but we also want to stop discrimination against people taking ALL prescribed and necessary medications and treatments, whether that be drugs to sustain their mental health, relieve pain, alleviate the side-effects of chemotherapy, manage ADHD or any other condition”, Ms Payne said.

Legalise Cannabis Victoria is proposing an amendment to the Equal Opportunity Act 2010 (Victoria) legislation that already makes it illegal to discriminate against someone on the grounds of attributes like age, race, religious belief, sexual orientation, or marital status. Mr Ettershank said these protections MUST be extended to stop discrimination against people receiving medical treatment or taking a prescribed medication.

“Adhering to a prescription or treatment from a doctor needs to be recognised in the Equal Opportunity Act as another personal attribute or characteristic, in fact we argue it’s akin to a form of ‘disability’”, he said. “The Human Rights Commission specifically recommended this amendment to the Equal Opportunity Act in their submission to the Legislative Council’s 2024 Inquiry into workplace drug testing and it was supported by every member of the Cross-Party Committee”.

“We have spoken to people who felt stigmatised for taking antidepressants, ADHD medication and medicinal cannabis, and we have been contacted by workers sacked for taking their prescribed medicine, particularly medicinal cannabis”, Ms Payne said. Mr Ettershank said a small number of industries are required to do mandatory testing under the law, but too many workplaces elect to do drug testing.

“Eight months ago, Labor MPs voted for LCV’s motion to commit the government to ‘progress’ reforms to workplace laws that discriminate against people taking prescribed medication, but the Allan government has done nothing to stop this discrimination. That’s why we are introducing this Bill”, he said.