Disclosing your disability to employers

You have no legal obligation to disclose, although disclosure may be practical in certain situations, for example, if there needs to be workplace modifications made.

It is against the law for employers to discriminate on the basis of disability or impairment by:

refusing to offer you employment
dismissing you or refusing to allow you to work
refusing to offer promotions or training, or
treating you less favourably in any other way.

1. Can an employer ask if I have a disability?

No, but they can legally ask you about your ability to do the job.

2. Do I have to disclose my disability on pre-employment forms?

No, it is against the law to discriminate against a job applicant on the basis of a disability or impairment by treating them less favourably than someone else. If the employer does ask you to disclose in writing and you don?t disclose, your entitlement to workers compensation may be at risk if you are injured at work.

3. Do I have to disclose my disability/impairment on pre-employment medical tests?

No, unless it directly relates to genuine requirements of the job. For example, physical tests should relate strictly to the person?s ability to carry out the work such as lifting a certain weight or sitting stationary for prolonged periods. Psychological and aptitude testing should relate specifically to the genuine and reasonable requirements of the job.

4. What about my privacy?

If your employer requests your personal information, they must do so in a way that is fair and not intrusive and:

tell you why they are asking for it
advise you of any consequences if you don?t provide the information. For example you might risk missing out on workers compensation if you?re injured on the job
allow you access to your information
tell you who will receive copies of your information, and
notify you of their contact details.

5. Can my employer lawfully discriminate?

An employer can discriminate against an employee on the basis of disability in limited situations. For example an employer may lawfully discriminate if you cannot perform essential tasks and it causes unjustifiable hardship on the business to make special adjustments.

6. What are some health and safety issues to consider?

An employer may refuse a job to a person with a disability in order to protect the health, safety or property of any person including the job applicant. However an employer must consider seriously if there are any alternatives to this action.

Do you need further advice?

Legal

Victoria

the Victorian Equal Opportunity & Human Rights Commission
Level 3, 380 Lonsdale Street Melbourne VIC 3000
Telephone: (03) 9281 7100 - 1800 134 142 (Country Callers) - TTY: 9281 7110 - Fax: (03) 9281 7171
Email: complaints@eoc.vic.gov.au Website: www.eoc.vic.gov.au

Federal

Human Rights & Equal Opportunity Commission
Level 8, Piccadilly Tower 133 Castlereagh Street Sydney NSW 2000
Telephone: (02) 9284 9600 - Complaints Infoline: 1300 656 419 - Privacy Hotline: 1300 363 992
General enquiries and publications: 1300 369 711 - TTY: 1800 620 241 - Fax: (02) 9284 9611
E-mail: complaintsinfo@humanrights.gov.au

Disability Discrimination Legal Service Inc
Level 2, 247 Flinders Lane, Melbourne VIC 3000
Telephone: (03) 9654 8644 - TTY: (03) 9654 6817 - Fax: (03) 9639 7422 - Regional Callers: 1300 882 872

Disability Employment Action Centre - Legal Advisory Service
Level 8, 55 Swanston Street, Melbourne VIC 3000
Telephone: (03) 9655 1117 - TTY: (03) 9650 9229 - Fax: (03) 9655 1145

Villamanta Legal Service Inc
6-8 Villamanta Street, Geelong West VIC 3218
Regional Callers: 1800 014 111 - TTY: 1800 014 333 - Fax: (03) 5229 3354

Disability and Impairment Peak Organisations

SANE Australia
PO Box 226, South Melbourne VIC 3205
Telephone: 9682 5933 - Fax: 9682 5944

Victorian Mental Illness Awareness Council (VMIAC)
23 Weston Street, Brunswick VIC 3056
Telephone: 93878317 - Email: info@vmiac.com.au

VALID - Victorian Advocacy League for Individuals with Disability
235 Napier Street, Fitzroy VIC 3065
Telephone: 9416 4003 - Fax: 9416 0850 - Email: office@valid.org.au

Headway Victoria
86 - 88 Herbert Street, Northcote VIC 3070
Telephone: (03) 9482 2955 - Fax: (03) 9482 5855 - Regional Callers: 1800 817 964