Understanding disability discrimination
Disability discrimination can be direct (treating someone less favourably because of disability) or indirect (having requirements that disadvantage people with disability). Both are unlawful unless the discrimination can be justified.
Types of disability
- Physical impairments
- Intellectual/cognitive
- Psychiatric/mental health
- Sensory disabilities
Reasonable adjustments
- Modified work hours
- Assistive technology
- Accessible workspaces
- Changed duties
Legal protections
People with disability are protected from discrimination under multiple laws:
Applicable legislation
Employer obligations
Employers have specific obligations regarding disability:
- Non-discrimination: Don't treat people less favourably because of disability
- Reasonable adjustments: Make changes to enable people to do their job
- Inherent requirements: Only require what's genuinely necessary for the role
- Confidentiality: Keep disability information private
- Inclusive recruitment: Accessible application and interview processes
- Equal opportunity: Same access to training, promotion, conditions
Inherent requirements test
An employer can require that a person be able to perform the inherent (essential) requirements of a position. However, this must be assessed after considering what reasonable adjustments could be made. The Australian Human Rights Commission provides guidance on this assessment.
Making reasonable adjustments
Common adjustments
- Flexible working hours
- Modified duties or tasks
- Physical workspace changes
- Assistive technology/equipment
Adjustment process
- Consult with the employee
- Identify barriers and options
- Implement and document
- Review effectiveness
Common disability discrimination mistakes
Assumptions about capability
Assuming someone can't do a job because of their disability without actually assessing their abilities with reasonable adjustments.
Refusing adjustments without assessment
Declining to make adjustments without properly considering if they are reasonable or would cause unjustifiable hardship.
Medical questioning in recruitment
Asking extensive medical questions before determining if the applicant can perform inherent job requirements.
Key takeaways
Disability discrimination laws protect people from unfair treatment and require employers to make reasonable adjustments. Focus on what people can do, not their disability, and proactively consider adjustments.
Inclusive rostering supports diversity. RosterElf helps accommodate varying availability and work capacity through flexible scheduling based on individual needs.
