Discrimination – Reasonable Adjustment

Discrimination – Reasonable Adjustment

As you may be aware, anti-discrimination law states that you cannot treat an employee with a disability less favourably than you would treat any other employee.

This means that before saying you cant hire or keep someone with a disability, Employers must ask themselves “is it reasonable to implement adjustments for the employee?”

The definition is a little clumsy but in essence reasonable adjustments are adjustments that do not impose an unjustifiable hardship on your business. Including physical, practical and financial hardships. For example a reasonable adjustments include:

  • offering flexible hours of work
  • modifying work stations or work areas
  • changing telephone or IT system
  • installing ramps

If an Employee fails to make reasonable adjustments for an employee with a disability, and this failure has impact of treating the employee less favourably than an one without the disability, it might be argued that the employee with a disability was unlawfully discriminated against.
In circumstances where this becomes relevant please seek advice from HR Central to ensure you meet all the EEO requirements.

Michael O'Shaughnessy

Michael is a specialist in all things HR. With vast HR experience in the USA and Australia, Michael brings a wealth of knowledge and advice to HR Central. When he's not blogging for HR Central you can find him out for dinner in one of Melbourne's newest restaurants.

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