What are my obligations under the Disability Discrimination Act when employing a person with disability?
Under equal opportunity and anti-discrimination laws, as an employer you are required to create a workplace free from discrimination and harassment.
The Disability Discrimination Act 1992 makes it unlawful for employers to discriminate against people due to their disability.
Your main obligations under the Act are:
- not to discriminate directly by treating a person with disability less favourably than a person without disability would be treated in the same or similar circumstances
- not to discriminate indirectly by having a requirement or condition or practice that is the same for everyone but which is less favourable in its impact on a person with disability
- to make reasonable adjustments where required
- to avoid and prevent harassment of all employees with disability.
You must offer equal employment opportunities to everyone. If a person with disability can do the essential activities (the inherent requirements) of a job, then they should be given the opportunity to do so. When deciding whether a person can meet inherent requirements, you must explore all possible reasonable adjustments, including adjustments to facilities, equipment, work practices or training. If an adjustment could be effective, you are obliged to make the adjustment, unless you can prove that the adjustment would cause unjustifiable hardship.
For more information about reasonable adjustment, including information about financial assistance that may be available to help pay for the cost of workplace modifications and adjustments, see:
You must show that all reasonable steps have been taken to ensure that discrimination and harassment do not occur in the workplace.