Work Disability Discrimination

Work disability discrimination surfaces most often at a moment nobody plans for, which is return to work after an injury, an illness or an extended absence.

Two decisions land at once. What adjustments the person needs now, and how their performance is being assessed while they make them. Handled separately they are both manageable. Handled together they produce the situation where a person on a graduated return is measured against a full-capacity benchmark and found wanting.

Practical separation helps. Agree the adjustments and the review point first, in writing. Set expectations that reflect the agreed arrangement rather than the pre-absence role. And keep the return-to-work conversation away from the performance cycle until the arrangement has settled.

The obligation to adjust runs up to unjustifiable hardship, and the burden of showing hardship sits with the employer. 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 work health and safety course and equal employment opportunity course.