Depression is a common mental illness which can be covered by the definition of disability in the Disability Discrimination Act.

The Act makes it against the law to discriminate against a person because of his or her disability. There are some limited exceptions and exemptions.

Example: It could be discrimination to refuse to offer a person a job if you have learned from a referee that they experience depression.

It is not unlawful to discriminate against an employee on the basis of his or her disability if the person cannot perform the inherent requirements of a job after reasonable adjustments have been made.

Employers also have obligations to employees with disabilities, including depression, under the Fair Work Act 2009 (Cth) and occupational health and safety legislation. Privacy legislation applies to disclosures about an employee’s personal information.