How To Deal With Disability Discrimination

Most matters that need you to deal with disability discrimination start with a refused adjustment rather than an overt act. A manager says it is not practical, and nobody tests whether that is true.

Go back to the refusal first. The obligation runs up to unjustifiable hardship, and if hardship is claimed the burden of showing it sits with the employer. That means evidence, not assertion. What would the adjustment actually cost, what would it disrupt, and how does that weigh against the size and nature of the business. A large employer refusing a low-cost change is in a weak position.

Check whether the requirement being enforced is genuine. Many refusals defend the way work has always been done rather than what the role actually needs.

If a complaint is made, deal with it as a matter and separately review the process that produced the refusal. The Commission’s guidance on employee rights under the Disability Discrimination Act is the reference point. This is general information rather than legal advice.

See Sentrient’s equal employment opportunity course and workplace compliance system.