Disability
Yes, provided that it is one of the essential competencies needed to perform the job. For example, an employer who wishes to hire an electrician to work on-site whether that is in commercial, industrial or residential buildings, may require good physical mobility as an essential qualification to perform the job. However, good physical mobility for an administrative job may not be considered an essential competency.
The Act contains a concept known as reasonable accommodation. Reasonable accommodation entails making changes to the workplace in order to ensure equal employment opportunities. For example, changes might include installation of a cordless phone or modification of hours or patterns of work. Many such adjustments can be made with minimal expense and disruption.
All new employees, not only disabled people, involve cost to an organisation in the provision of office space, computers and other resources, induction processes and training. A disabled employee may be able to be accommodated for very little extra cost and some can bring their own assistive technology into the workplace. In some cases employers may be unaware of assistive technology, for example a large computer screen for a visually impaired person could ensure they can perform the tasks required.
Where the applicant would otherwise be the best person for the job but:
- it is not reasonable to accommodate that applicant’s needs, or
- to do so would entail unreasonable disruption to the employer’s activities
there is no legal obligation to employ that applicant.
Can an employer test me to ensure I am not a carrier of illnesses or diseases?
Yes, if being free of illnesses or disease is an essential qualification for the job.
For example, a hospital might want to ensure the staff is free of MRSA (Methicillin resistant Staphylococcus aureus). Not being a carrier could be seen as an essential qualification given the known risks MRSA poses to medical care. The hospital would need to assess the Act’s reasonable accommodation requirements in considering job applicants.
The concept of reasonable accommodation is referred to in the question above
and considered later under » Reasonable accommodation.
Do I have to disclose my hidden disability to a prospective employer?
No, if the hidden disability will not prevent the job applicant from carrying out the work satisfactorily. The employer should establish with all job applicants the requirements of the job and whether they have the abilities for the job. This could include asking whether there are any medical or physical conditions or disabilities that might prevent them from carrying out the work to a reasonable standard.
see also » Honesty
Can I ask an employer for vision-enhancing software to be installed on my computer or for my future workplace to be modified for my wheelchair?
Yes, if it is not unreasonable to do so. If the best applicant for the job has a disability that requires modification to the workplace or work practices so that the applicant could perform the job, an employer should undertake this work. As the circumstances of each workplace will vary, it may well be that in some situations it will not be reasonable for the employer to undertake the necessary modifications. For example, it might be reasonable to provide vision-enhancing software but not to install a lift in order to provide access.
see also » Reasonable accommodation