Disability - this policy adopts the broad definition of disability used in the
Disability Discrimination Act (1992), which, in the context of employment, can be summed up as a condition either caused by accident, trauma, injury, genetics or disease that may restrict a person's mental, sensory or mobility functions to undertake or perform a job in the same way as a person who does not have disability. This includes physical, sensory, intellectual, psychiatric, neurological and learning disabilities, as well as physical disfigurement and serious illnesses. Disability may be temporary or permanent, total or partial, lifelong or acquired.
Disclosure refers to a personal decision to tell a person or institution about one's disability. There is no legal obligation for a job applicant or employee to disclose their disability, unless it is likely to affect their performance to meet the inherent requirements of the job (including ensuring the safety of themselves and others).
Discrimination - the
Disability Discrimination Act (1992) identifies two types of discrimination in relation to people with disability.
Direct Discrimination is when someone with disability receives less favourable treatment than a person without disability in the same circumstances.
Indirect Discrimination is when a policy, practice or requirement is applied equally but has a discriminatory effect on people with disability.
Inherent Requirements are the essential activities and tasks that must be carried out in order to get a job done. Inherent requirements relate to achieving the necessary outcomes, or what must be accomplished, rather than the means, or how it is accomplished.
Merit Principle means the selection and advancement of employees according to their relative abilities, knowledge, and skills under fair and open competition.
Reasonable Adjustment refers to the administrative, environmental or procedural alterations required to enable a person with disability to work effectively and enjoy equal opportunity with others. By law, employers are required to provide reasonable adjustments whenever it is necessary, reasonable and possible to do so (i.e., when a reasonable adjustment does not constitute an unjustifiable hardship for the employer).
Unjustifiable Hardship - employers are obligated to provide reasonable adjustments unless such an adjustment would result in unjustifiable hardship to the employer. It is difficult to define unjustifiable hardship because each circumstance and organisation is unique and is determined on a case-by-case basis. However, unjustifiable hardship is generally determined by considering:
- The cost of the adjustment required in light of the organisation's financial situation, and
- The extent to which the adjustment will result in substantial benefits or detriments to other employees, including those who do not have disability.
"Reasonable" is defined by whether or not the adjustment would create "unjustifiable hardship" to the whole organization; it is
never defined by a particular manager's opinion of what is reasonable.