Disability
Treating someone unfairly at work because they have a disability is against the law.
Disability includes all illnesses (mental or physical, temporary or chronic), physical disabilities, intellectual and learning disabilities and having an infection even if it does not produce symptoms. Many disabilities are invisible, for instance, deafness, a bad back, depression, a genetic risk of a particular cancer, or having HIV.
It is illegal to refuse to hire someone, refuse to promote or train them, or to sack them, just because they have a disability.
Here’s an example of disability discrimination:
| Li has diabetes, which he controls himself. Li applied for a position with a large landscaping company. The company required a medical examination. When they found out that Li had diabetes, the company said they would not employ him because his diabetes could be a hazard if he was working alone. This is discrimination. The company should have checked whether this is a real problem or whether Li can in fact stay safe while working alone. |
An employer does not have to hire someone if they really can’t do the job because of a disability. They must consider whether or not the person would be able to do the job if reasonable changes were made. That could include providing equipment or changing the way the job is done. What is reasonable will depend on all the circumstances.
Employers also can’t assume that a person who has had an injury in the past or has made a Workcover claim, won’t be able to do the job.
Reasonable action to stop the spread of disease is not disability discrimination.
Last updated on Wed, 11/17/2010 - 17:06.
