People with a disability working in the NSW Public Sector
The Government is committed to the increased participation of people with a disability in the NSW public sector. The NSW Government has a commitment to employ 12% of people with a disability including 7% indicating that they needed a work-adjustment, reflecting the representation in the NSW working-age population.
To achieve these outcomes, agencies may need to make work-related adjustments so that:
- job applicants with a disability can compete based on their capabilities and win positions on merit
- employees with a disability can use their skills effectively and can contribute fully to a role.
Adjustments apply to all areas of employment including recruitment, training, career development, transfers or any other employment benefit.
Adjustments are a form of equal opportunity, and refer to making changes to the workplace or a job including:
- job redesign
- changing the workplace or work area
- purchasing or modifying equipment
- offering flexible working arrangements.
Making a work related adjustment in order for an employee to achieve the outcomes required from the position is consistent with merit principles. The nature of the necessary adjustment will depend on the particular needs of the individual.
The NSW Anti-Discrimination Act 1977 states that employers are required to provide the necessary services and facilities to enable a person with a disability to carry out a job for which they are qualified. This is the basis of the Public Sector policy to provide work related adjustments.
It is illegal for employers to discriminate against employees or potential employees on the grounds of disability (NSW Anti-Discrimination Act 1977 Part 4A). Public Sector employers are required to promote employment opportunities for people with a disability and to eliminate discrimination from their workplaces on the grounds of disability (NSW Anti-Discrimination Act 1977 Part 9A).
The NSW Anti-Discrimination Act sets out three areas for managers to note:
- Consider only those aspects of a position which are inherent (i.e. core or essential) when assessing whether a person is the best person on merit for the job.
- Provide services or facilities for the person with a disability to carry out the inherent requirements of a job.
- If providing services or facilities would impose an unjustifiable hardship an employer may be able to lawfully decline to employ a person with a disability.
However, a failure to provide an adjustment to a job applicant or an employee where it would not impose an unjustifiable hardship may be unlawful and may attract a complaint of unlawful discrimination.
A stringent standard is applied to claims of unjustifiable hardship and complaints can be dealt with by either:
