Reasonable Adjustment Policy
2. Definitions
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, mental health, 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 results, or what must be accomplished, rather than 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). Reasonable adjustments may include:
- provision of appropriate equipment or assistance to ensure there is no barrier in the selection process;
- job redesign;
- training or retraining;
- providing essential information in suitable formats;
- modifications to equipment or the supply of specialised equipment, furniture or work related aids;
- flexible work arrangements; or
- alterations to premises or work areas.
See Section 10 for specific examples of reasonable adjustments.
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 organisation; it is never defined by a particular manager's opinion of what is reasonable.
PREVIOUS: Principles
NEXT: Communicating the Availability of Reasonable Adjustments