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Disability Discrimination in the workplace

Employers

A white female sits in a wheelchair giving a presentation at a whiteboard.

Employer Obligations

Employers have a legal obligation to remove barriers that people with disabilities may face at work. Making these changes is known as ‘reasonable adjustments’. A failure to make reasonable adjustments may be discrimination.

The Federal Government can provide financial assistance for workplace adjustments for employees with disabilities.

It is not unlawful to discriminate against an employee on the basis of disability if the person cannot perform the inherent requirements of a job after reasonable adjustments have been made.

Employers can also be liable for the acts of their employees. This is called ‘vicarious liability’.

The Act allows for positive discrimination in some limited circumstances.