Disability Discrimination

Disability discrimination at work is when a person is treated less favourably because of a disability, or when an employer fails to make a reasonable adjustment that would let them do the job. It is unlawful under the Disability Discrimination Act 1992, and disability is defined broadly enough to include physical and psychological conditions, chronic illness, past and future disability, and conditions that are episodic or invisible.

The concept that decides most disputes is the reasonable adjustment. An adjustment is a change to how, when or where work is done, or to the environment or equipment, that lets a person perform the genuine requirements of the role. Flexible start times for a treatment schedule, screen reading software, a modified workstation, changing how instructions are given, or adjusting a recruitment test format are all common examples. Employers must make adjustments up to the point of unjustifiable hardship, and if they claim hardship, the burden is on them to show it. That bar moves with the size and nature of the business, so it is a genuine test rather than a blanket exemption.

Two practical points matter. Adjustments are also owed at the recruitment stage, which is where they are most often skipped, and “reasonable” is not a second test of whether an adjustment seems sensible to the employer. The obligation runs up to unjustifiable hardship.

This area produces the largest share of complaints handled by the Australian Human Rights Commission. Its guidance on employee rights under the Disability Discrimination Act is the place to start. This is general information rather than legal advice.

The articles tagged here cover disability discrimination at work and how to handle adjustment requests well. To build inclusive practice across your team, see Sentrient’s equal employment opportunity course and work health and safety course, or see how the workplace compliance system tracks completion across your organisation.