Workplace Adjustments

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.