Am I entitled to adjustments in the workplace by reason of my disability?
“Inherent requirements” of the job
To complain about being discriminated at work because of your disability, you must show that your disability does not stop you doing the “inherent requirements”, or essential tasks of the job. However, to do the job you might need some adjustments to be made.
What are reasonable adjustments?
- If you can perform the inherent requirements of the job, then the employer must make reasonable ‘workplace adjustments’ if you need those changes to be able to perform those activities of the job.
- Some examples of ‘workplace adjustments’ employers may need to make include:
- changing recruitment and selection procedures, such as, providing a sign language interpreter for a deaf person,
- modifying work premises, for example, making ramps and modifying toilets, and
- providing flexible work hours or changes to other work practices.
When can I ask my employer to make reasonable adjustments?
- You can ask for an adjustment at any time including at a job interview, regardless of whether your disability was caused at work and whether it is temporary or permanent.
- Reasonable adjustments should be implemented as promptly as is reasonably practicable.
Unjustifiable hardship
Workplace changes do not have to be made if they will cause major difficulties or unreasonable costs to a person or organisation. This is called ‘unjustifiable hardship’.
If the workplace adjustments will not cause unjustifiable hardship for the employer, the employer is not allowed to discriminate against you because you need those adjustments.
This fact sheet explains the law in NSW. The information contained in this fact sheet is only intended as a guide and is not a substitute for legal advice. If you think you are experiencing discrimination because of your disability you should seek legal advice.
Revised February 2009