This is a bit of a long one, you will have to roll with us a bit...

All employers have to abide by the Disability Discrimination Act 1992 (D.D.A.). The Australian Human Rights Commission deals with the implementation of the Act. Their website has very detailed reading on disability rights and is also the place to go if you have a complaint. Go to www.humanrights.gov.au. Here is some intro text, pulled and paraphrased from their Employment and the Disability Discrimination page: 

Who should comply with the employment provisions of the DDA?

The D.D.A. applies to all employers. The D.D.A. also applies to persons acting or purporting to act on behalf of an employer.

For example: A person or organisation providing training on behalf of an employer. A recruitment agency acting on behalf of an employer.

The provisions of the D.D.A. regarding harassment also make an employee liable for his or her own acts of harassment, whether or not the employee was acting or purporting to act on behalf of the employer.

What are an employer's obligations under the D.D.A.?

An employer's main obligations under the D.D.A. are

• not to discriminate directly by less favourable treatment
• not to discriminate indirectly by treatment which is less favourable in its impact
• to make reasonable adjustments where required
• to avoid and prevent harassment.

Can an employer ask questions about a person's disability?

Yes. Discussion, questions and examinations regarding a person's disability and its effects may be legitimate, necessary and desirable in many cases, for example

• to determine whether a person can perform inherent job requirements
• to identify any reasonable adjustments required, in selection for employment or in the performance of work
• to establish rights and obligations regarding superannuation, workers' compensation and other insurance.

The Commission considers that discouraging, or unnecessarily restricting discussion or inquiries regarding a person's disability in these or other legitimate work related respects would be damaging to effective equality of opportunity, and thus would be contrary to the objects of the D.D.A. as well as presenting difficulties for employers. The Commission does not interpret the D.D.A. as having this effect.

This does not mean, however, that every disability related inquiry should be accepted as permitted or desirable. Inappropriate questions or examinations in relation to disability may lead to, or actually constitute, discrimination.

Can standard or routine questions be discriminatory?

A routine question about disability, such as "have you ever had a mental illness?", in an application form or selection process, may have the effect of excluding or disadvantaging applicants with a disability. If a question has this effect it may be unlawful indirect discrimination.

Can application forms ask about disability?

Employers should note that questions which may be reasonable and permitted at interview, for example to examine whether a person's disability affects their ability to perform the inherent requirements of the job or to determine whether reasonable adjustment is required and possible, will not necessarily be regarded as reasonable or permitted in an application form.

Employers should be cautious about including disability related questions in application forms, other than for the purpose of inviting applicants to identify any adjustments required to ensure equal opportunity in the selection process itself. .

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So...

What if I am symptomatic with HD?

If you are symptomatic, then you have a disability and the above rules apply. You can't be excluded from a job if your disability does not affect your ability to do the job. Your employer must also make reasonable adjustments if it allows you to do the job.

What if I am at risk or tested gene positive but I am pre-symptomatic? 

Trickier. The above rules still apply as the D.D.A. refers to 'future' discrimination, however, as you know now with HD, there is always a bit of a grey area. Is your gene status or potential status really a disability? Do you need to inform your employer and if you do, do they have a right to exclude you from certain work?

 When we consider these questions, we are talking about Genetic Discrimination (read more about it under the insurance section).

It is really hard to give specific advice on how you should handle these questions. You will need to consider them. Realistically though, there may be employers or roles that you could be excluded from due to your gene status (in the UK you can't join parts of the army, police, etc). Remember though, that these are only a few in tens of thousands of job types. The key thing to remember is relevance. Your employer can only ask you things relevant to your ability to do the role and you need only to divulge information that is relevant to you doing the role.

If you think you may be being discriminated against, contact www.humanrights.gov.au and make a complaint.

More reading:

http://www.news.com.au/dna-discrimination-at-work/story-0-1111114019794

http://abc.gov.au/rn/lawreport/stories/2001/426635.htm