Exceptions to the law

Under the Equal Opportunity Act there are exceptions that allow an employer to lawfully discriminate in limited circumstances.

In limited situations, an employer can discriminate against a worker because of a genuine and reasonable job requirement. For example, an employer can discriminate against a worker on the basis of disability if they cannot perform essential tasks and it causes unjustifiable hardship on the business to make the special adjustments needed.

When considering whether a work requirement is reasonable, an employer needs to take into account:

whether it is essential to the tasks and responsibilities of a position
the effect on other workers if an employee cannot comply
the financial cost of adjusting to a worker's needs
the size and flexibility of the workforce
any workplace industrial agreement.

What is considered a 'reasonable' requirement of the job?

Employers need to consider:

Is it an essential activity required as part of the job?
What is the effect on other employees if an employee cannot comply with some workplace requirements or practices?
What are the financial and other costs of making necessary adjustments in the workforce to accommodate an employee's specific needs?
How large and flexible is the existing workforce? Is another position available that better suits the employee's abilities and needs?
What is required by the workplace industrial agreement?