Disability discriminationDisability discrimination summary
Your employer is prohibited from:
- Treating you less favourably because of your disability without a good reason (direct discrimination). N.B. Positive discrimination in favour of a disabled job applicant or employee is not prohibited
- Treat you unfavourably because of something arising in consequence of your disability without a good reason.
- Applying a neutral rule – Provision, Criterion or Practice (PCP) – to you that would put workers possessing a disability at a disadvantage as compared to other workers who do not possess a disability (indirect discrimination)
- Failure to comply with a duty to make reasonable adjustments where you are placed at a substantial disadvantage because of your disability
- Subjecting you to harassment because of your disability
- Victimising you because you intend to or have undertaken a disability discrimination complaint
- Asking you a pre-employment health questionnaire for a reason other than that prescribed
Your employer will be vicariously liable if you are discriminated against or victimised by another employee. Your employer will also be liable if you are harassed by a third party, the harassment took place on two or more occasions, your employer knew of the harassment and failed to take reasonably practicable steps to prevent the harassment. The offending employee or third party may also be liable.
Although the employer is prohibited from doing these things they may justify such actions in certain circumstances. These include:
- Show that there is an occupational requirement for an employee to be of a certain ability
- Where it arises from performance-related pay, eligibility and contributions to occupational pension schemes, or relates to permits under agricultural wage legislation