Understanding disability discrimination in the workplace

It’s estimated that one in five Australians are living with a disability, ranging from physical and intellectual to psychiatric, sensory, neurological and learning conditions. Research shows that people with a disability often face disadvantage when it comes to securing and keeping employment. The good news is that their rights are protected under the Commonwealth Disability Discrimination Act. This makes it unlawful for employers to treat someone unfairly because of disability. This legislation provides an important safeguard, but awareness and enforcement remain vital.

So, what signs of discrimination should we look out for, and how can workplaces become more inclusive?

Examples of disability discrimination

Broadly speaking, disability discrimination occurs when those with a disability are treated less fairly than those without a disability. This can include:
• Refusing to employ a person who has a disability, even though it has no bearing on their ability to perform the inherent requirements of the role
• Giving an employee less favourable terms of employment, limiting access to training, or failing to consider them for promotion because of their disability
• Firing an employee because of their disability
• Causing an employee to retire or resign because of their disability

Disability discrimination can also be more indirect. For example, employers may create conditions which appear fair on the surface but actively disadvantage people with a disability. An example of this could be a deaf person being required to attend a meeting without an Auslan interpreter. Subtle forms of exclusion, such as withholding mentoring opportunities or social invitations, can also leave employees feeling isolated.

The role of reasonable adjustments

If you are the best person for the role, an employer must make reasonable adjustments if required to allow you to perform the inherent requirements of the role.

Examples of this could include modifying workstations, adjusting work patterns, providing adaptive technology, or ensuring access to interpreters. These adjustments must be made unless the employer can prove they would lead to unreasonable costs or major difficulties. However, what is reasonable depends on the adjustment required, the cost and the size of the employer. Creating inclusive policies, offering awareness training and encouraging managers to check in regularly can also help ensure people feel supported.

Do you have to disclose a disability?

In the workplace, you do not have to disclose a disability unless adjustments are required to make the workplace safe for you. Employers can only ask about disability if adjustments in the workplace will be required. This protects your right to privacy while ensuring that necessary support is available when required.

Importantly, public service roles in Australia are always filled on the basis of merit. This means that candidates are assessed on their skills, experience, and ability to perform the job, regardless of personal circumstances such as disability. For applicants, this provides reassurance that opportunities in the sector are fair and inclusive. It also reinforces the importance of presenting a strong application that clearly demonstrates capability.

At Public Service Resumes, we understand the challenges job seekers face and the importance of highlighting your strengths with confidence. Whether you need a professional resume, selection criteria responses or interview coaching, our team is here to help you put your best foot forward. Contact us today and let’s get started on your career journey with the support of experts who know how to showcase your potential.