Under the Disability Discrimination Act (DDA) employers and providers of goods and services are required to eliminate discrimination against disabled people   Employees are defined as disabled if they have a physical of mental impairment that has a substantial and long-term adverse effect upon their ability to carry out day-to-day activities.   

 

The definition of disability is very broad. Many people not usually thought of as disabled e.g. those with heart disease or cancer are protected by legislation. This includes the progressive diseases, cancer, MS and HIV, even though their illness may not be causing substantial impairment.  This means that it is illegal to discriminate against an individual who is merely HIV positive.

 

Research shows that employees with disabilities have excellent attendance records, are highly motivated and have fewer accidents at work than their non disabled colleagues. So when interviewing a disabled candidate it is important to focus on their abilities and not their disability.  

Only a small number of jobs in companies could not be performed by a person with a disability for health and safety reasons. Managers should not, therefore, make assumptions about a disabled person's capabilities and should consider the full range of reasonable adjustments which could be made to prevent an applicant or employee with a disability from being substantially disadvantaged.  

Examples of such adjustments are:  

• Making adjustments to the premises;

• Allocating some of the disabled person's duties to another person;

• Transferring the person to fill an existing vacancy where there is no reasonable adjustment which would enable the employee to continue doing the current job;

• Altering the person's working hours, for example letting the person work flexibly to enable additional breaks to overcome fatigue arising from the disability;

• Assigning the person to a different place of work in order to overcome environmental problems;

• Allowing the person to be absent during working hours for rehabilitation, assessment or treatment;

• Giving the person training;

• Acquiring or modifying equipment;

• Modifying instructions or reference manuals;

• Modifying procedures for testing or assessment;

• Providing a reader or interpreter;

• Providing supervision/support.  

Advice and assistance on the employment of applicants and staff with disabilities is available from the  Disability Rights Commission (indexed opposite).