necessary changes to your role and there could be DISCRIMINATION other legal implications. The Disability Discrimination Act (DDA) ensures that a person with a disability has For example, an essential activity or a right to the same employment opportunities requirement’ for a clerical job is to ‘inherent as a person without a disability. follow detailed instructions. But it is not an However the DDA does not require workplace requirement’ to take these changes to be made if this will major The DDA makes it illegal for an employer ‘inherent instructions orally. If your mental illness difficulties or unreasonable costs to a person to discriminate against someone on the means you are more comfortable receiving or organisation. This is called grounds of disability. So if you disclose at an ‘unjustifiable written instructions, the employer might be hardship’. If your mental illness could only be interview or in a written application, you can’t required to make this ‘workplace accommodated by major changes to the role just be crossed off the list because of your adjustment’. or the workplace, your employer may be mental illness. entitled to refuse you the position. They may also have to make ‘training Employers must equal employment adjustments’ to help you perform the role. If you feel that you have been discriminated opportunities to everyone. This means that if It’s important to remember that you are against because of your mental health issue, a person with a disability can do the essential legally required to disclose your condition if you should seek advice from the Australian activities or requirements’ of a job, ‘inherent you think it will impact on your capacity to Human Rights Commission. You may also he or she should have just as much chance perform the inherent requirements of the job. decide to contact Legal Aid, your local to do that job as anyone else. If you don’t disclose your condition, the community legal service or a private lawyer. employer won’t be able to makes the
DISCRIMINATION The Disability Discrimination Act (DDA) ensures that a person with a disability has a right to the same employment opportunities as a person without a disability. The DDA makes it illegal for an employer to discriminate against someone on the grounds of disability. So if you disclose at an interview or in a written application, you can’t just be crossed off the list because of your mental illness. Employers must equal employment opportunities to everyone. This means that if a person with a disability can do the essential activities or ‘inherent requirements’ of a job, he or she should have just as much chance to do that job as anyone else. For example, an essential activity or ‘inherent requirement’ for a clerical job is to follow detailed instructions. But it is not an ‘inherent requirement’ to take these instructions orally. If your mental illness means you are more comfortable receiving written instructions, the employer might be required to make this ‘workplace adjustment’. They may also have to make ‘training adjustments’ to help you perform the role. It’s important to remember that you are legally required to disclose your condition if you think it will impact on your capacity to perform the inherent requirements of the job. If you don’t disclose your condition, the employer won’t be able to makes the necessary changes to your role and there could be other legal implications. However the DDA does not require workplace changes to be made if this will major difficulties or unreasonable costs to a person or organisation. This is called ‘unjustifiable hardship’. If your mental illness could only be accommodated by major changes to the role or the workplace, your employer may be entitled to refuse you the position. If you feel that you have been discriminated against because of your mental health issue, you should seek advice from the Australian Human Rights Commission. You may also decide to contact Legal Aid, your local community legal service or a private lawyer.
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