Equal opportunity and disability discrimination requirements

Equal Opportunity

Most States have legislation that prohibits discrimination against job applicants on the basis of their impairment and prohibits discriminatory request for information. An organisation does not contravene the legislation if the purpose of an assessment is to determine whether the applicant can fulfil the inherent requirements of the position.

Disability Discrimination

The Commonwealth Disability Discrimination Act makes it unlawful for an employer to discriminate against a person on the grounds of that person's disability and in the arrangements and in determining who should be offered employment. It is not unlawful if the person would be unable to carry out the inherent requirements of the particular employment and if meeting the special requirements would impose an "unjustifiable hardship" on the employer.