Hi everyone,
The main requirement for applying for any position is that the applicant is able to undertake the inherent requirements of the position. For example someone who has a learning disability and is required to write reports ( an inherent requirement) it may mean they need the assistance of a voice activated system, just as someone who has MS may struggle with using a keyboard. I would not be disclosing the disability at interview, in most cases it is irrelevant if a person has a disability, what is relevant is that the person is able to undertake the essential components of the job.
One option to consider is disclosing at the point of offer (when it arrives in writing). At this stage the person has already been offered the position and it is at this point they negotiate the terms and conditions of employment, such as salary etc. At this stage the person could negotiate additional assistance to enable them to carry out the inherent requirements of the position, which one would assume they have been able to demonstrate their capability of undertaking at the interview. If the employer then refuses to provide these adjustments on the basis of a disability the person being refused a position is in a much stronger position to make a complaint of discrimination.
I have added material from the Disability Discrimination Act 1992 (Australia) which may assist with the discussion. It is important that graduates are aware of their rights under the Discrimination Act.
Issues relating to support for staff with disabilities are similar to those which apply to students with
disabilities in matters of physical access as well as modifications to the work environment.
Discrimination in employment
Section 15 of the Act makes it unlawful for an employer or a person acting or purporting to act on behalf of an
employer to discriminate against a person on the ground of the other person's disability or a disability of any
of that other person's associates:
* in the arrangements made for the purpose of determining who should be offered employment;
* in determining who should be offered employment;
* in the terms or conditions on which employment is offered;
* in the terms and conditions of employment that the employer affords the employee;
* by denying or limiting the employee's access to opportunities for promotion, transfer or training, or
any other benefits associated with employment;
* by dismissing the employee; or
* by subjecting the employee to any other detriment.
Section 15 does not render it unlawful to discriminate against a person on the ground of their disability if,
after taking into account the person's past training, qualifications and experience relevant to the particular
employment and, if the person is already employed by the employer, the person's performance as an employee,
and all other relevant factors that it is reasonable to take into account, the person because of his or her disability:
* would be unable to carry out the inherent requirements (see below) of the particular employment; or
* would, in order to carry out the inherent requirements, require services or facilities that are not
required by persons without the disability and the provision of which would impose unjustifiable
hardship (see definitions in 1.5) on the employer.
Section 17 which covers contract workers has similar provisions to those in the above section.
Inherent requirements
The DDA does not require that a person with a disability be given a job which they cannot do: that is, cannot
perform the 'inherent requirements' of the job. Although the DDA does not give a detailed definition of what
constitutes the inherent requirements of a position, provisions are contained in Sections 15(4), 16(3), 17(2), 18(4),
and 21(2). To assist an organisation to determine what inherent requirements might be, HREOC suggests that the
organisation consider whether:
* the requirements that may disadvantage people with disabilities are really among the inherent
requirements of the position; or
* the person with a disability can perform these inherent requirements with some reasonable adjustment
being made.
For example, being able to hear without assistance cannot be an inherent requirement of a job where alternative
means of communicating are available which enable a person who is deaf or hearing impaired to perform
the same range of job functions as a person without such an impairment. In view of this employers need to be
aware that they have a responsibility to ensure that they do not restrict equal opportunity for people with
disabilities.
In assessing the merit of a person with a disability against the essential criteria of a position employers
need to be aware whether thecriteria are, in fact, inherent requirements of the position and whether by applying the principle of
reasonableadjustment the person with a disability will be able to be meet these criteria. Where a person already in
employment becomes disabled, the principle of reasonable adjustment shall also be applied.
Application of the principle of reasonable adjustment
Adjustment can be made either to the working arrangements of the position or to the work environment to
minimise or eliminate the effect of the disability.
Adjustment may mean:
* exchanging some duties between the person with a disability and other colleagues;
* adapting existing equipment or obtaining equipment which has been specially designed;
* compensation for sensory impairment;
* rearranging the physical layout of the workplace, for example to allow for wheelchair access;
* providing information or training to people without disabilities; or
* accepting that there may be alternative ways of accomplishing a given task.
Cheers,
Di
Di Paez
Equity Officer
Sunshine Coast University College
Locked Bag No 4., Maroochydore D.C
Queensland, Australia 4558
phone 61 07 54 30 1258
fax 61 07 54 30 1111
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