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What employers ask as evidence of disability from employees

Image description: two women are having a conversation while looking at a laptop screen. Credit: Canva

Image description: two women are having a conversation while looking at a laptop screen. Credit: Canva

A common question JobAccess Advisers often get asked is, “what is reasonable for employers to ask as evidence of disability from employees?”.

Our advice is based on good practice*.

An employee does not have tell their employer, unless it impacts –

  • their ability to perform the inherent requirements of the role, or
  • their safety, or
  • the safety of their co-workers.

If any of these apply, employees should only need to explain how their disability affects their work duties. This means sharing any barriers to doing the job well.

If someone feels dizzy from their mental health medication, they should talk to their employer about making changes. These adjustments might include flexible start or finish times. They don’t have to tell their employer about the mental health issue itself.

The Disability Discrimination Act (1992) states that it is unlawful to ask information about a person’s disability. Employers can only ask information to adjust work conditions and see if the employee can meet the job’s basic needs. This means understanding any barriers a person might face in the workplace because of their disability.

It’s unlawful under the DDA 1992 to ask people with disabilities for information that isn’t needed in similar situations.

This shows how organisational policies can create barriers. These barriers can stop people with disability from getting the support they need for their jobs.

Employers should talk openly with employees instead of asking for medical proof or a diagnosis. To help employers and employees, JobAccess launched a Conversation Guide on workplace adjustments. The guide aims to facilitate open, empathetic, and actionable discussions.

This conversation guide is a helpful tool for employers and employees. They can use it to talk openly and confidently and helps managers and employees talk about workplace adjustments.

If the employee shares the barriers they face at work and suggests adjustments, it’s the employer’s job to make those changes.

If the employee isn’t sure what changes they need, they, their manager or a Human Resources rep can contact JobAccess. We’re here to help. 

Are you looking for support on workplace adjustments? 
Talk to the experts.

JobAccess offers free and confidential advice on workplace adjustments for employers, people with disability and service providers. Our allied health professionals give tailored advice to meet your needs from the first point of contact.

JobAccess also manages applications for workplace adjustments through the Employment Assistance Fund (EAF). The EAF gives financial help to people with disability which can help remove or reduce cost as a barrier to implementing adjustments.

Every situation is unique. If you'd like to discuss a specific scenario, contact JobAccess on 1800 464 800 to speak with our resourceful Advisers. You can also submit an online enquiry or visit our JobAccess website for more information.

(*) We recommend that organisations obtain their own legal advice.

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