Is unusually short or tall stature a disability under the DDA?
The relevant part of the definition of disability in the DDA refers to “malformation” of a person’s body. Shorter or taller than average stature, either within the overall Australian community or compared to people of particular ethnic background, is not in itself a “malformation” and is not in itself a disability under the DDA. But where a person is discriminated against on the basis of short or tall stature which results from some genetic or hormonal disorder or is otherwise pathological, the DDA will apply.