Two Victorian crossbenchers are introducing a private members bill to stop workers being discriminated against if they are taking medication – including ADHD prescriptions, medicinal cannabis or pain medication – and they are looking for real stories of discrimination at work.

Legalise Cannabis Victoria (LCV) has introduced the bill, and it will be debated on Wednesday, April 1.

MPs David Ettershank and Rachel Payne believe 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.  

• Have you been discriminated at work after revealing you are taking a prescribed and vital medication? Would you be happy for LCV to share your story without naming you through the media and/or social media? Or would you be willing to use your first name and tell your story to journalists? LCV is keen to promote their bill ahead of the April 1 debate.
  
  If you have a story to share, please email MP David Ettershank – [email protected]

LCV 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.”

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.

“It just doesn’t make sense for someone to be penalised if they are taking a prescribed medication that helps them get a good night’s sleep, alleviates pain, and supports them to perform better at work,” he said.

“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.”