We have developed this guide to provide information and direction when advising employers on how to interview people with disability. This guide is a starting point for a range of matters you may wish to consider when supporting employers.
Inherent requirements and reasonable adjustment
‘Inherent requirements of the job’ and ‘reasonable adjustment’ are terms used frequently in this guide. Both terms are defined in the Disability Discrimination Act 1992 and govern appropriate selection processes for jobs.
Inherent requirements are sometimes referred to as the job essentials or alternatively they may be described as the physical or mental capacities required for the position.
Reasonable adjustment is a term used to describe changes made to either the selection process or the job, to enable a person with disability to demonstrate their abilities or to allow them to complete the inherent requirements of the job.
For example, while the requirements for a retail position may be advertised as the ability to stand for long periods and the ability to operate a cash register or computer, the inherent requirement of the position is the ability to operate a cash register. A prospective employee with physical disability may indicate during an interview for the position that, 'I cannot stand for lengthy periods but if I am provided with a stool I can still perform cash register duties for long periods'. In such circumstances, the employer would be expected to make reasonable adjustments to accommodate the workplace requirements of the person should they be the most suitable candidate for the job.
You can assist with facilitating access to the Employment Assistance Fund to support employers through the process of arranging such adjustments.
Why interview?
A job interview is a standard selection process for any position within a business or organisation. Interviews should focus on the inherent requirements of a position. Obviously in asking questions the employer is attempting to find the person who best matches the skills and abilities required for the job or someone the employer believes has the capacity to learn how to do the job well.
Although it is common to have questions mapped out to ask applicants it is important the employer is adequately advised to take into consideration a person’s disability when selecting the recruitment questions.
Interview preparation
Some people with disability may require reasonable adjustments at the interview. If an applicant chooses to disclose their disability to the employer prior to the interview, ask the person what adjustments they may need for the interview. They may or may not be aware of their requirements. For example:
- a person with vision impairment may need detailed instructions and extra time to find the interview location
- a person who is deaf may require an Auslan (Australian Sign Language)interpreter to be present at the interview.
Before starting job search and entering negotiation with an employer you should discuss with the job seeker disclosure about any reasonable adjustments required for the interview and on the job.
For any person who chooses to disclose a disability prior to interview, you may also wish to support the employer in developing strategies to get the best responses from a person. For example, for someone who has difficulty with literacy, you may request the employer for all aspects of the interview and selection process to be verbal.
Some Australian Government employment service providers may also offer to be present at the interview to support both the person with disability and the employer through the process. This will involve a clear discussion with both the employer and job seeker about the parameters of the service provider's involvement.
Support people may take a passive role at the interview, and simply be there for the job seeker or they may take a more active role in the interview process. For example, the job seeker may choose to discuss the difficulties that arise from their disability while the support person may take on the role of discussing the arrangement of workplace modifications that may be requires to allow the job seeker to perform the job to the standard required.
Another example is when assistance is provided to an employer to modify interview questions to keep the language simple. When present at the interview, if the employer still asks a question which the support person believes would be difficult for the applicant to answer due to its complexity, the support person could, with permission, rephrase the question into clearer language or split the question into a series of shorter questions to gain a better response.
Interview alternatives
A person with disability may have the skills to perform the job but not interview well. For some people with disability an interview may not be the best way to demonstrate their skills and suitability for the position. Demonstrating abilities through action rather than words may be a better way to promote the applicant to the employer.
If this is the case, there are alternatives to consider, especially if the applicant is nervous about the interview process. In addition to, or instead of, an interview process the following could also be offered:
Interview questions
As noted previously, the Disability Discrimination Act 1992 makes it illegal to ask questions directly about an applicant’s disability. Employers should ask the same questions that they would of a person without disability and ensure that the questions are focused on the inherent requirements of the job or job essentials.
The only questions an employer can ask about a disability or injury relate to:
- any adjustments required to ensure a fair and equitable interview and selection process
- if, or how, the disability may impact on some aspects of the inherent requirements of a job
- any adjustments that may be required to complete the inherent requirements of the job.
When working with employers you may want to discuss interview questions with them and the importance of framing questions around job essentials as this allows applicants to demonstrate their skills and abilities regardless of the context. For example, asking ‘tell me about a time when you solved a problem for a difficult customer’ instead of ‘describe your call centre experience’ will allow an applicant to demonstrate they have the skills required for a customer service role.
Any other questions about a person’s disability are inappropriate, including questions about:
- how the person acquired their disability
- specific details of the person’s disability that are not related to the physical or mental requirements of the job.
Disclosure of disability
For people whose disability is obvious disclosure may simply be about the level of disclosure whereas for someone whose disability is hidden, for example, a back injury, or mental health problem, the discussion about disclosure between you and your job seeker needs to take into account all the factors, both positive and negative supporting disclosure.
With appropriate permission to disclose information about disability from the job seeker, you can play an important role in ensuring appropriate adjustments are made to cater for a person’s needs at work. Appropriate education of both the employer and co-workers can also occur following agreement to disclose. There are occasions for both obvious and hidden disability when disclosure is critical to the success of the job.
Employers should be aware that there is no legal obligation for an applicant or employee to disclose disability unless it is likely to affect their performance in a role, that is, that the disability would affect their ability to complete the ‘inherent requirements’ of the job. The trust placed in the employer should be rewarded with a full and meaningful interview, as would be offered to any other applicant for the position.
More information
JobAccess contains useful fact sheets for employers to help them with the employment of people with disability including the recruitment process. The pages on our web site all print out in a user friendly format so that you can hand them to employers in hard copy:
The following fact sheets, developed for service providers, are also a useful resource: