STAFF WITH DISABILITIES
GUIDELINES FOR MANAGERS
AND SUPERVISORS
Further information
Publications can be viewed through
the People and Fairness website at
http://www.hr.unimelb.edu.au/strategic/equity
Published by the People and Fairness Unit
Human Resources
University of Melbourne
Parkville Victoria 3010
For advice contact the People and Fairness Unit
Telephone 8344 7798
Email hr-eo@unimelb.edu.au
© June 2010
STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
Table of Contents
How this guide can assist you .................................................... 3
Acknowledgements .................................................................................................... 4
Up-to-date information ............................................................................................... 4
1. Introduction ............................................................................ 5
2. Diversity and disability: The business case ............................ 6
3.
Legal and policy framework ................................................ 8
Disability Discrimination Act 1992 .............................................................................. 8
Equal Opportunity Act 1995 ....................................................................................... 9
The University’s Equal Opportunity Policy ................................................................. 9
What are my responsibilities as a manager or supervisor under law and University
Policy? ...................................................................................................................... 10
Legal case study ...................................................................................................... 13
Further advice and support ...................................................................................... 13
4: Recruitment and selection .................................................... 14
The position description ........................................................................................... 14
What is meant by the ‘inherent requirements’ of the job? ........................................ 15
Advertising the position ............................................................................................ 15
The Selection Panel ................................................................................................. 16
The interview ............................................................................................................ 16
Guide to interviewing applicants with disabilities ..................................................... 19
Making the selection decision .................................................................................. 21
The use of medical examinations in the selection process ...................................... 21
Best practice checklist: Recruiting and selecting staff with disabilities .................... 22
5. Making reasonable adjustments ........................................... 24
What are ‘reasonable adjustments’? ........................................................................ 24
How should managers and supervisors respond to a request for an adjustment or
modification? ............................................................................................................ 26
What if it isn’t possible to accommodate a request for an adjustment? ................... 26
Refusing an adjustment on the basis of unjustifiable hardship ................................ 27
Accommodating staff with mental health issues ...................................................... 28
Examples of adjustments which could assist staff with mental health issues ......... 28
Checklist of adjustments for staff with mental health issues .................................... 29
Confidentiality of personal information ..................................................................... 30
Best practice checklist: Providing reasonable adjustments ..................................... 31
6. Frequently asked questions .................................................. 32
Who qualifies for reasonable adjustments? ............................................................. 32
Can an employer ask questions in an interview about a person’s disability? .......... 32
Does the Selection Panel have to provide reasonable adjustments at the interview
stage if it seems that the department would be unable to provide them for ongoing
employment? ............................................................................................................ 32
How quickly must a manager respond to a request for an adjustment from a staff
member with a disability? ......................................................................................... 32
Can a manager ask the staff member for medical evidence of a disability? ........... 33
Are adjustments or modifications likely to be expensive? ....................................... 33
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What is considered an unreasonable adjustment? .................................................. 33
What risks will I be exposed to if I don’t agree to provide a reasonable adjustment?
................................................................................................................................. 34
How far do I need to go to accommodate a person with a disability?...................... 34
What are my obligations to provide reasonable adjustments for staff with mental
health issues or psychiatric disabilities? .................................................................. 34
7. Resources ............................................................................ 35
University of Melbourne ........................................................................................... 35
External .................................................................................................................... 36
Government assistance schemes ............................................................................ 38
8. Useful references ................................................................. 39
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How this guide can assist you
This document provides information for managers and supervisors on the employment of
academic and professional staff who have a disability or who develop a disability during their
period of employment with the University of Melbourne. It includes information and resources
to assist managers and supervisors to increase the diversity of their workforce through the
use of inclusive recruitment practices and the development of accessible work environments.
This Guide also provides essential information that will assist managers and supervisors to
meet their obligations under disability and other equal opportunity legislation.
This Guide provides clear and practical information including checklists, case studies,
frequently asked questions, resource lists and useful references.
Additional information on the employment of staff with disabilities can also be found in the
brochure Employing People with Disabilities: A Guide for Managers and Supervisors, Best HR
Practice Guide Negotiating Flexible Work Arrangements: A Guide for Supervisors, Managers
and Department Heads and Best HR Practice Guide Recruitment and Selection of University
Staff. Which can be obtained from the Equal Opportunity Unit or Human Resources.
This Guide contains eight sections:
Section 1
Introduction
Outlines the purpose of the document
and how it fits with University policies
and strategic plans
Section 2
Diversity and Disability: The
Business Case
Puts forward a business case for
employing and retaining people with
disabilities in the workforce
Section 3
Legal and Policy Framework
Presents an overview of the
University’s Discrimination, Sexual
Harassment and Bullying Policy and
Procedures and state and
commonwealth legislation
Section 4
Recruitment and Selection
Outlines processes for ensuring fair
and inclusive recruitment and
selection
Section 5
Making Reasonable Adjustments
Discusses practical measures to
accommodate staff with disabilities in
the workplace
Section 6
Frequently Asked Questions
Addresses common questions in
relation to interviewing applicants and
responding to requests for
adjustments
Section 7
Resources
Lists internal and external contacts
and information about government
assistance schemes
Section 8
Useful References
Lists University and other references
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Acknowledgements
This document was produced by the Equal Opportunity Unit, with Ms Catherine Gow the chief
project officer. Special thanks to the members of the Reference Group for their valuable
contributions, ideas and insights and to the many managers and staff, particularly staff with
disabilities, who provided essential feedback and comments.
Reference Group members:

Amanada Johnson, Anti-Discrimination Adviser

Brendan Paholski, Professional Staff Representative

Cath Roper, Professional Staff Representative

Claire Murphy, Injury Management Unit

Glenn Patmore, Academic Staff Representative

Nola Birch, Disability Liaison Unit

Sophie Allan, Human Resource Consultant

Stefan Delaney, Environmental Health and Safety Unit
Up-to-date information
While this information was correct at the time of publication it is important that managers and
supervises refer to the most recent information on University policy and procedures. This can
be obtained from the University Policy Library at http://policy.unimelb.edu.au.
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1. Introduction
This Guide provides information to managers and supervisors to assist them to:

achieve the benefits of attracting and retaining staff with disabilities

apply best practice in the recruitment of staff with disabilities

create an inclusive and productive work environment for all staff

make “reasonable adjustments” that accommodate the needs of staff with disabilities

comply with equal opportunity legislation and University policies and procedures
governing the employment of staff with disabilities.
This Guide provides practical information for managers and supervisors in widening the pool
of potential talent and recruiting quality staff when the best person for the job happens to have
a disability. It includes a wealth of information about steps that managers and supervisors can
take to accommodate staff with disabilities within the workplace. Also included are details of
resources and services - both internal and external to the University - who offer further
information, advice and support for managers and supervisors across a wide range of issues
relating to disability and employment.
The University of Melbourne has well-established policies aimed at encouraging staff diversity
and ensuring equal opportunity for staff with disabilities in the workplace. These policies
include the Discrimination, Sexual Harassment and Bullying Policy and Procedures, the
Cultural Diversity Policy and Human Resources policies and procedures governing the
recruitment and employment of staff. In 2008, the University adopted the Staff Equity and
Diversity Framework 2008-2011 with the aim of increasing access and support for staff and
students with disabilities. The importance of creating a diverse workforce that reflects the
diversity of our student population is acknowledged in the Growing Esteem Strategic Plan.
The information provided in this Guide will assist managers and supervisors to put these
policies and plans into effect.
It is important for all managers and supervisors to be well informed about their rights and
responsibilities under equal opportunity legislation. In the year 2006-2007, the Australian
Human Rights Commission (formerly known as Human Rights and Equal Opportunity
Commission) received a total of 1,779 complaints of which 45% were disability related. Of
these, 46% were complaints of disability discrimination in employment1. This Guide provides
information about the relevant legislation to assist managers and supervisors to attain
compliance and create a fair and inclusive workplace.
Demographic changes such as the ageing workforce, together with the challenge of an
increasingly competitive and globalised higher education sector, make it crucial for the
University to draw upon a broader and more diverse pool of talent that will allow us to recruit
and retain the very best staff. Achieving best practice in the recruitment and retention of staff
with disabilities and establishing a strong reputation as an equal opportunity employer are
important to the University’s ongoing success as a leader in the field of the higher education.
1
Human Rights and Equal Opportunity Commission, Annual Report 2006-2007
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2. Diversity and disability: The
business case
A workplace that values diversity is more productive as a result of greater staff
satisfaction and reduced turnover. Furthermore, harnessing the skills and
perspectives of all staff provides improved creativity and innovation. Employers who
do these things gain a real edge in attracting and retaining talent – a genuine
advantage in today’s tight labour market.
Diversity Council Australia, Diversity Matters, Number 43, August, 2005
Managers and supervisors who value and encourage diversity in their workplace can
generate significant benefits for their faculty or department as well as for the University.
Research in the field has shown how creating a diverse and inclusive work environment can
greatly improve staff retention and productivity. For example, a UK survey conducted by the
Centre for Research in Employment and Technology in Europe found that of 500 companies
with diversity initiatives, 40% claimed they were better able to attract talent and improve their
image as an employer of choice. These organizations also reported reduced recruitment
costs gained from accessing a wider talent pool, higher motivation in the workforce and
increased retention of staff.2
Encouraging diversity is equally important for creating a harmonious work environment that
respects and values difference and provides equality of opportunity for all staff to develop
their full potential. All employees are happier and more productive when they feel valued and
included, and when their needs are recognised and accommodated by their work unit and the
organisation as a whole.
Other documented benefits of a diverse workforce include improved innovation and creativity.
For instance, information published by the organisation Diversity@work suggests that teams
that are diverse find more effective, innovative and feasible ways to deal with problems and
challenges. Achieving diversity in a team can bring a variety of perspectives to any situation
and offers a wider range of solutions. This is particularly relevant to the University context.
Building a diverse team can be especially important for stimulating cross-disciplinary research
collaborations and for extending networks within professional and local communities that can
contribute to knowledge transfer. Staff diversity is also key to providing services to a diverse
population of staff and students to respond with knowledge and sensitivity to a multitude of
different needs.3
The business benefits of hiring people with disabilities in Australian workplaces were explored
by the National Inquiry into Employment and Disability conducted by the Human Rights and
Equal Opportunity Commission in 2005. The extensive skills of employees with disabilities
were also canvassed by the Inquiry. People with disabilities were found to be employed in the
following occupational areas:

8.7% of all people with disabilities were employed in the education sector

9.6% held professional roles

8.4% were employed in managerial and administrative roles
2
CCH Australia, UK Diversity Initiatives Pay, 26 September 2003
3
Diversity@work, The Business Case for Diversity, 2006
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
11.9% were employed as qualified tradespersons4.
Further evidence of the value-adding capacity of people with disabilities in the workforce has
been provided by the International Labor Organisation (ILO) whose research challenges
many of the myths and assumptions about people with disabilities as employees. Here, for
instance, the ILO found that employees with disabilities:

have high job retention rates

are subject to fewer workplace injuries

demonstrate average or high work performance

create a positive effect on employee morale 5
Australian Safety and Compensation Council research has identified that workers with a
disability are not an increased occupational health and safety risk 6. The research findings
suggest that workers with a disability have on average, a lower number of occupational health
and safety incidents and have lower workers' compensation costs, in comparison to other
employees.
Drawing upon the full range of skills and knowledge, professional and life experience
available in the Australian community makes good business sense. Ensuring that we employ
the best person for the job, recruit on merit, gather as diverse and competitive a field of
applicants as possible, and retain and develop quality staff, enhances the University’s
reputation as being a great place to work. It also ensures that the University is better placed
to provide a rich learning environment for students, and to build a University workforce that is
equipped to meet the challenges of the future.
4
Human Rights and Equal Opportunity Commission, National inquiry into employment and disability,
2005
5
Diversity Council Australia, Diversity Matters, Issue Number 43, August 2005
6
Australian Safety and Compensation Council, Are people with disability at risk at work? A review of the
evidence. Available at http://www.ascc.gov.au/NR/rdonlyres/262E0DA1-4BBC-44ED-A6171CC1B2ECE853/0/DisabilityPaper_07_CompleteReportpdf.pdf
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3. Legal and policy framework
Best practice in the recruitment, selection and treatment of staff is that which demonstrates
the principles of fairness, equity and consideration of merit. These principles underpin the
University’s Discrimination, Sexual Harassment and Bullying Policy and Procedures and
reflect provisions in anti-discrimination laws that apply to the University.
To accord with these overarching principles, all employment-related decisions that involve the
allocation of resources, opportunities or rewards need to be made on the basis of clear, fair
and transparent criteria and without unlawful discrimination.
In all such situations it is important that decisions are made on the basis of a staff member’s
ability or clear potential to meet any given criteria, rather than on assumptions about their
disability or impairment.
The Victorian Equal Opportunity Act and the Commonwealth Disability Discrimination Act
impose particular responsibilities on employers not to discriminate against potential or current
staff members who have disabilities. The laws also define a number of important and relevant
concepts and these are discussed below.
Disability Discrimination Act 1992
The Commonwealth Disability Discrimination Act (DDA) 1992 is the key legislation covering
disability and employment in Australia. The legislation makes it unlawful for a person to
discriminate, either directly or indirectly, on the basis of a person’s disability or impairment. It
applies to a wide range of areas including employment, access to premises, education and
the provision of goods, services and facilities.
How is ‘disability’ defined under the DDA?
‘Disability’ refers to a wide range of conditions or impairments that are likely to have a
significant impact on a person’s daily life. The definition of ‘disability’ in the DDA includes:

physical

intellectual

psychiatric

sensory

neurological, and

learning disabilities, as well as

physical disfigurement, and

the presence in the body of disease-causing organisms.
This broad definition is meant to ensure that everyone with a disability is protected. The
legislation also prevents discrimination on the grounds of past, hidden or assumed disabilities.
The DDA also covers people with a disability who may be discriminated against because they
are accompanied by an assistant, interpreter or reader, or a trained animal, such as a guide
or hearing dog, or because they use equipment or an aid, such as a wheelchair or a hearing
aid.
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The DDA also protects people who have some form of personal connection with a person with
a disability like relatives, friends, carers and co-workers if they are discriminated against
because of that connection or relationship.
People with disabilities are protected from discrimination in employment in:

the recruitment and selection process, including advertising, provision of job
information, application forms, interview arrangements, selection tests, examinations
and other inquiries

the terms or conditions on which someone is employed, including wages or other
payments, duties performed and performance requirements, conduct and attendance
requirements, the work environment and occupational health and safety protection,
equipment and facilities, information and communication, supervisory and
management arrangements, leave and superannuation entitlements, and workers’
compensation

opportunities for promotion, transfer or training

any other benefits associated with employment

dismissal of an employee or other termination of employment

any other detriment.7
Equal Opportunity Act
The Victorian Equal Opportunity Act also prohibits direct or indirect discrimination on the basis
of the protected attributes which include ‘impairment’. 8 The definition of ‘impairment’ includes
physical impairments (such as loss or malfunction of parts of the body, malformation or
disfigurement), sensory impairments such as vision or hearing impairment, medical conditions
(such as disease), as well as psychological impairments (including mental disease or
disorders) and learning disorders.
The University’s Discrimination, Sexual Harassment and
Bullying Policy and Procedures
The University’s Discrimination, Sexual Harassment and Bullying Policy and Procedures
affirms and upholds staff and student rights and responsibilities to ensure an environment free
from unlawful discrimination and discriminatory harassment on the basis of attributes covered
by the Victorian Equal Opportunity Act.
7
Australian Human Rights Commission, Employment and the Disability Discrimination Act at
www.hreoc.gov.au/about/legislation/index.html
8
It is also unlawful under the EO Act to discriminate on the basis of the other attributes which include
age, carer or parental status, disability/impairment, physical features, gender, race, religious belief or
activity, marital status, pregnancy, breastfeeding, industrial activity, political beliefs or activity, sexual
orientation, lawful sexual activity, gender identity, employment activity, or personal association with a
person who is identified by reference to any of these attributes.
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What are my responsibilities as a manager or supervisor
under law and University Policy?
As a manager or supervisor, your main obligations under the anti-discrimination legislation
and University Policy are:

not to discriminate directly by less favourable treatment

not to discriminate indirectly by treatment which is less favourable in its impact

to make ‘reasonable adjustments’ where required for a person with a disability to
perform the ‘inherent requirements’ of a position

to avoid and prevent harassment.
Each of the obligations described above will be considered in turn.
1. Avoiding direct discrimination
‘Direct discrimination’ occurs when someone with an impairment or disability is treated less
favourably than someone without that impairment or disability would be treated in the same or
similar circumstances.
A person is treated ‘less favourably’ by treatment which is:

different, and

disadvantageous or can reasonably be regarded by that person to be
disadvantageous.
For example, being assigned to less demanding work or a narrower range of duties might be
perceived by some people as not disadvantageous or even as preferential treatment.
However, this could reasonably be regarded by a person with a disability as disadvantageous
treatment if it resulted in reduced job satisfaction, opportunities for promotion and so on 9.
2. Avoiding indirect discrimination
‘Indirect discrimination’ occurs when a rule, practice or policy appears to be neutral, but in
effect has a disproportionate impact on a particular group. It arises with practices that are fair
in form and intention but discriminatory in impact and outcome.
Indirect discrimination is unlawful when the rule, practice or policy is not reasonable in the
circumstances.
For example, including in a position description a requirement that the position holder must
have a current drivers licence could have the effect of excluding people with a medical
condition who are unable to have a drivers licence10. If this requirement could be seen as
unreasonable (i.e. it is not part of the essential requirements of the job) then it could constitute
indirect discrimination and a breach of the DDA. The brochure Fair in Form: Fair in Effect11
9
Human Rights and Equal Opportunity Commission, Employment and Disability Discrimination
http://www.hreoc.gov.au/disability_rights
10
Also see Best Practice Kit ‘Recruitment and Selection of University Staff’, Human Resources
11
People and Fairness Unit, Fair in Form: Fair in Effect, The University of Melbourne, November 2005.
You can download and order the brochure through the Equal Opportunity website at
http://www.hr.unimelb.edu.au/anti-discrimination/indirect-discrimination.pdf
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provides managers and supervisors with further information about indirect discrimination
within the University of Melbourne context.
3. Understanding ‘inherent requirements’ and making ‘reasonable
adjustments’
The University and its managers and supervisors must make ‘reasonable adjustments’ where
required for a person with a disability to perform the inherent requirements of a position. The
requirement to provide reasonable adjustments applies to the appointment of new staff and to
current staff who acquire a disability while in employment at the University.
What is meant by the ‘inherent requirements’ of the position?
Inherent requirements are those activities, conditions and practices that are essential to the
position. According to advice provided by the Australian Human Rights Commission, the
inherent requirements may include, for instance:

the ability to perform the tasks or functions which are a necessary part of the role

any productivity and quality requirements

the ability to work effectively in the team or other type of work organisation
concerned, and/or

the ability to work safely.12
It is important to remember that, in some cases, the work activities, conditions and practices
may not be inherent to the position if there are different ways of achieving the same
outcome.13
What are ‘reasonable adjustments’?
If a person with a disability is the best person for the position or currently occupies a position
then you must make workplace changes or ‘reasonable adjustments’ if that person needs
them to perform the essential activities of the role. The University’s Equal Opportunity Policy
reflects this legal responsibility in its commitment to “maintain and develop programs to
accommodate disadvantaged or disabled staff, adjusting where necessary the work
environment and procedures”.
12
HREOC, Employment and the Disability Discrimination Act www.hreoc.gov.au/disabilityrights/faq/Employment/employment_contents.html
13
Queensland Government, Department of Education Guidelines for Reasonable Adjustment for People
With a Disability http://education.qld.gov.au/workforce/diversity/equity/reasonableguidelines.doc
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Examples of "reasonable adjustments" employers may need to make include:

changing recruitment and selection procedures. For examples, see section 4.

modifying work premises. For example, installing ramps or modifying toilets.

making changes to job design, work schedules or other work practices. For example,
swapping some duties among staff or allowing regular meal breaks for a person with
diabetes.

modifying equipment. For example, lowering a workbench or providing an enlarged
computer screen.

providing training or other assistance to staff with a disability and their colleagues.
Further information on ‘reasonable adjustments’ is provided in Section 5.
It is important to note that an employer may lawfully refuse to employ, transfer or promote a
person to a job or lawfully terminate a person’s employment in a job if the person cannot meet
the ‘inherent requirements’ of the job and this cannot be remedied by making a ‘reasonable
adjustment’.
The DDA also does not require workplace changes to be made if this will cause major
difficulties or unreasonable costs to an organisation. This is called ‘unjustifiable hardship’.
Before considering claiming that adjustments are unjustified, employers need to thoroughly
consider how an adjustment might be made, discuss this directly with the person involved,
and consult relevant sources of advice. If adjustments cause hardship it is up to the employer
to show that it is unjustified.
4. Avoiding and preventing harassment
Under anti-discrimination law and University policy, University managers and supervisors are
expected to avoid and prevent harassment by demonstrating appropriate behaviour and
expectations and acting to eliminate harassment by others.
It is unlawful for staff to harass a current or potential staff member in relation to his or her
disability or the disability of an associate. Harassment includes any actions which humiliate,
intimidate, offend or distress, whether intentional or unintentional. Examples include physical
harassment, verbal abuse (whether face-to-face or written), threats, demeaning comments or
behaviour, or intentional exclusion from work-related activities. Intrusive personal questions,
or comments or assumptions about a person's capabilities or need for assistance, may also
constitute harassment.
However, certain actions (such as questions about a person's disability) would not be
unlawful harassment where they are reasonably intended for the purpose of determining
whether the person can perform the inherent requirements of the position and whether any
reasonable adjustments are required.
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Legal case study
The complainant had been employed as a warehouse supervisor for some years with the
respondent company. He had suffered a workplace injury, which resulted in impairment to his
spine and leg. The complainant contacted the Human Rights and Equal Opportunity
Commission alleging that his employment was terminated after the injury because his
employer felt he was unable to safely perform the inherent requirements of the job.
The complainant disputed that he was unable to perform the duties safely and claimed the
employer had not asked him whether there was any reasonable adjustment that would assist
him to perform his duties. The complainant had evidence that he cold improve his mobility
with a foot brace and he also claimed that the employer had not raised any concerns about
his performance or mobility prior to terminating his employment.
The respondent company claimed that the complainant was unsteady when he walked and
stated it had genuine concerns that the complainant could fall or trip in the warehouse, thus
endangering himself and fellow workers.
The complaint was resolved through a conciliation process with the employer agreeing to
reinstate the complainant and pay him $52,000 in compensation for lost wages,
superannuation and legal costs.
Human Rights and Equal Opportunity Commission Annual Report 2002-2003. Chapter 2,
Section 2
The above legal case highlights that the liability for compensation could have been avoided if
the employer had pursued a genuine process of consultation with their employee. Employers
are expected to make inquiries to find out if an employee needs an appropriate adjustment
and whether it is possible for the adjustment to be made.
Further advice and support
Advice and support for job applicants and current staff with disabilities is provided by local
Human Resources staff. Information about best practice in the recruitment of people with
disabilities is also included in recruitment and selection training for academic and professional
staff. The People and Fairness Unit has produced two Best HR Practice guides for managers
and staff that can assist with negotiating flexible arrangements as well as a brochure
‘Employing People with Disabilities: A Guide for Managers and Supervisors. These guides
and other information are listed at the back of this guide in Sections 7 and 8.
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4: Recruitment and selection
The University is committed to best practice in the recruitment and selection of staff. One of
the key principles underlying the University’s recruitment and selection processes is selection
based on merit according to clear, published and selection criteria14.
To ensure compliance with the Equal Opportunity Act and the Disability Discrimination Act it is
important that best practice applies to each step in the recruitment and selection process from
developing the position description, conducting the interview, using assessment tasks in
selection, reference checking and making the final appointment decision.
Best practice in the area of recruitment and selection also extends to accommodating the
needs of candidates with different needs and ensuring an inclusive recruitment process. For
example, departments may need to provide information to potential applicants about access
to a particular campus, building or workplace, and ensure that job interviews are conducted in
a venue that is accessible to candidates with mobility impairments. However this question
may be missed by an applicant with a disability or they may be reluctant to declare a disability
until the short-listing stage has been completed. It is therefore advisable to ask all applicants
being invited for an interview about their access needs.
The position description
The development of clear and concise position descriptions, including transparent key
selection criteria, is a fundamental first step in designing an effective and inclusive recruitment
strategy that will attract a diverse pool of candidates.
In thinking about the key selection criteria it is helpful to ask:

do they relate to the skills and abilities needed to do the job?

are they described in inclusive and non-discriminatory language?15

do they relate to the inherent requirements of the job? If not, could they constitute
indirect discrimination? For example, a requirement that the position holder must be
able to work nights or weekends could discriminate against people with disabilities or
carer responsibilities.
The development of key selection criteria requires a good understanding of the inherent
requirements of the job. Distinguishing between inherent criteria (those that the person must
satisfy to be able to do the job) and desirable criteria (those that would help the person to
perform well in the job) is a vital aspect of this task and one that has particular relevance to
the recruitment of people with disabilities.
14
HR Best Practice Guide Recruitment and Selection of University Staff, September, 2006, pp. 4-5. See
http://www.hr.unimelb.edu.au/best-practice-unionly/recruitment.pdf
15
See the booklet Watch Your Language: Guidelines for Non-Discriminatory Language, Equal
Opportunity Unit, The University of Melbourne, rev. 1996.
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What is meant by the ‘inherent requirements’ of the job?
Inherent requirements are those activities, conditions and practices that are essential to the
job. According to advice provided by the Australian Human Rights Commission, the inherent
requirements of any position need to be determined with regard to the circumstances of each
job.
It is important to remember that, in some cases, the activities, conditions and practices may
not be inherent to the position if there are different ways of achieving the same outcome. 16
Managers and supervisors may need to explore these options before determining whether or
not reasonable adjustments can be made that will accommodate an applicant (or staff
member) with a disability.
In determining the inherent requirements of a job to be performed by an applicant with a
disability, managers and supervisors should consider whether the person could perform the
inherent requirements if reasonable adjustments were made to the work environment. For
example, could a person with a vision impairment perform a clerical job with voice-activated
computer software?
The Disability Discrimination Act states that in some circumstances it is not unlawful for an
employer to refuse employment to a person who is unable to perform the inherent
requirements of a position. This would usually occur in situations where no appropriate or
effective adjustments can be made, or where there is no scope to amend the inherent
requirements of the position.
Human Resource Consultants can help managers and supervisors to clarify the inherent
requirements of a particular position and ensure that the position description and criteria do
not discriminate unlawfully against people with disabilities.
Advertising the position
Attracting a diverse pool of candidates requires advertising and search strategies that are
effective in communicating information to different groups and people in different locations
and communities.
Ensuring that information is available in appropriate formats to applicants with disabilities is
an important part of an inclusive recruitment process. Being able to provide information about
the position, when requested, in an appropriate format such as large print or electronic
format17, will demonstrate a manager’s or supervisor’s commitment to an open and fair
process. It is also important that applicants with disabilities who seek further information about
an advertised position from a contact person in a department are able to be provided with
appropriate assistance.
Managers and supervisors seeking to extend the pool of candidates or proactively recruit
people with personal experience of disability to their team, can obtain assistance and advice
from an external agency that specialises in employment diversity. A manager/supervisor can
brief the agency about the particular skills that are being sought and the employment agency
will help publicise the position through their networks. Using an employment agency does not
16
Queensland Government, Department of Education Guidelines for Reasonable Adjustment for People
With a Disability www.jobsearch.gov.au/jobseekerinfo/pages/disability.aspx
17
Australian Human Rights Commission have advised that distributing information only in PDF format
and not also making it available in another format such as RTF, HTML, or plain text, may give rise to
complaints of disability discrimination under the DDA. For further information see
http://www.hreoc.gov.au/disability_rights/standards/www_3/www_3.html
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exempt a manager or supervisor or the University from liability under the Equal Opportunity
Act. Information about external employment agencies that may be helpful can be obtained by
contacting the Disability Employment Network on 1800 814 838 or visiting their web site at
http://jobsearch.gov.au/public/providers/generic/default.aspx?provider=DOE.
The Selection Panel
The University’s Recruitment and Selection Policy has been developed to support a fair and
equitable recruitment process. According to the University’s policies the Selection Panel must
‘approach gender balance’ with at least 50% of all members trained in recruitment methods
and the requirements of equal opportunity legislation. 18 Training in recruitment and selection
best practice is provided by Human Resources. Information about the training is available on
the Organisational Development website www.hr.unimelb.edu.au/development and distributed
regularly through Staff News.
The Chair of the Selection Panel is responsible for ensuring that the recruitment and selection
process is fair and equitable and follows University procedures. Chairs of Selection Panels
have a particular responsibility for reminding all panel members of the importance of:

maintaining confidentiality

declaring any conflict of interest

complying with anti-discrimination and privacy legislation, and

following the University’s Equal Opportunity and Recruitment and Selection policies
and procedures
Selection Panels also have a role in ensuring that correct information is given to applicants
about services and support available to University staff with disabilities. It is important,
however, to avoid making any specific commitments and assurances to applicants with
disabilities during the selection process. Any requests for modifications or adjustments to the
future work environment are best discussed in detail with the manager or supervisor
responsible for the position after a job offer has been made or after the person has been
appointed.
The interview
Ensuring access for applicants with disabilities
All employers are obliged to make appropriate and reasonable adjustments that will enable
applicants with disabilities to participate in the interview process and present themselves in
the best possible light. When telephoning applicants to organise an interview, it is good
practice to check whether they require any assistance to enable them to participate fully in the
interview. For applicants applying online, ensure there is a space for them to provide
information about their access needs if they are called for an interview. However, this
question may be missed by an applicant with a disability or they may be reluctant to declare a
disability until the short-listing stage has been completed. It is advisable therefore, to ask all
applicants being called for an interview about their access needs.
Requests for access may involve, for instance, provision of a location for the interview that is
accessible to a wheelchair user, employing a sign language interpreter, or providing
information in an alternative format for applicants with a vision impairment.
18. See HR Best Practice Guide: Recruitment and Selection of University Staff, September, 2006. p. 7
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Conducting the interview
The job interview continues to play a critical role in the recruitment process as it provides the
Selection Panel with the opportunity to identify the applicant who possesses the best mix of
knowledge, skills and abilities for the position available. Good interviewing practice focuses
on the applicants’ abilities, achievements and individual qualities as they relate to the key
selection criteria. Applications for employment from people who have a disability must be
considered against the same criteria as applications from people without a disability.
It is important for the Selection Panel to look beyond any stereotypes or commonly-held
assumptions about the capacities of people with disabilities. If there is any doubt about an
applicant’s ability to meet the key selection criteria because of an apparent or declared
disability, it is recommended that this be discussed with the applicant themselves. People with
a disability often develop innovative solutions to everyday problems with or without technical
aids or personal support. The best selection outcomes are those that are based on evidence,
rather than assumption, provided by the applicant in their answers to the key selection criteria
and CV and through the interview process.
Questioning applicants with disabilities
In designing the interview questions, it is best to avoid questions relating to protected
attributes (such as disability, carer responsibilities, religious belief etc) unless they relate
directly to the key selection criteria.
Questions may be experienced by an applicant as discriminatory if they relate to their
particular disability and there is no link to the inherent requirements of the job as expressed in
the key selection criteria. For example, questioning an applicant for an administrative position
who has a vision impairment about how they acquired their disability could be seen as
discriminatory. However, enquiring about their IT skills (if these are an inherent requirement)
would not be discriminatory.19
If the applicant has a known or apparent disability the Selection Panel may ask them to
describe how they would perform a certain job function if it is an inherent part of the job, but
not ask them questions about their disability or how they may have developed the disability.
In some cases it may be appropriate for the Selection Panel to ask an applicant about any
reasonable adjustments they may need in order to perform the job.20 Such questions, should
be treated with sensitivity and only raised where there are genuine concerns about whether
the department or University can accommodate the needs of a particular applicant.
All applicants should be assessed on merit and their capacity to meet the key selection
criteria. Any discussion of support or adjustments that may be needed, unless they could
have a significant impact on the person’s ability to perform the inherent requirements, should
be left until after the decision to appoint the applicant has been made.
19
For further information about best practice in the interview process see Australian Local Government
Association, Accessible Workplaces: Best Practice Resources for the Employment of People with
Disabilities in Local Government, ACT, 1997, p. 21.
20
US Department of Labor, Office of Disability Employment Policy Preparing for and Conducting an
Effective Job Interview http://www.dol.gov/odep/archives/ek99/jobinter.htm
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Interview Questions
Inappropriate: “I notice that you have some difficulty walking and I wonder how you get
around. Did you have an accident or is this a congenital condition?”
Appropriate: “This position will require the staff member to drive a University vehicle on a
regular basis. This is one of the inherent requirements of the position that we need to check
with all applicants. Do you have a current driver’s licence and are you able to meet this
criterion?
The Equal Opportunity Act prohibits both intentional and unintentional discrimination. It is
worth noting, therefore, that the lawfulness of the selection process does not rest upon the
intentions of the Selection Panel but on the way in which the process is conducted e.g.
appropriate questioning of applicants.
Knowledge of access to the workplace
It is very helpful for some members of a Selection Panel, as well as the contact person in the
department, to know whether or not the workplace is accessible to people with disabilities and
to be prepared to answer questions about access to the work unit and the University
environment.
The University produces an Access Map which provides information about accessible
thoroughfares, accessible entry and exit points for each building, access to lecture theatres.
This can assist people with disabilities to navigate the Parkville campus. Copies of this map
are available from the Disability Liaison Unit and the Information Centre on the Parkville
campus. Details of access on other University sites can be obtained by contacting the
Property Services Manager for that site.
Legal case example: Complaint to the NSW Discrimination Board
Mr Zraika had impaired vision in one eye. He applied to join the NSW Police Service but his
application was rejected. Mr Zraika then made a complaint of disability discrimination to the
NSW Administrative Decisions Tribunal.
The Police Service argued that Mr Zraika could not safely perform the duties of a police
officer and relied on the results of a visual acuity test that it used in its selection process. It
was claimed that Mr Zraika would not be able to perform the inherent requirements of the job
safely. Mr Zraika provided evidence that he had previously worked as a motor mechanic and
security guard, held a firearms accreditation and had played several sports.
The NSW Administrative Decisions Tribunal found that the Police Service had not clearly
identified the inherent requirements of the job. Nor had it considered the individual
circumstances of the applicant or whether he could perform the job with the assistance of
services or facilities that the employer could reasonably provide. There was no evidence that
the Police Service had considered Mr Zraika’s individual circumstances, that is, the extent of
his actual disabilities and incapacities. His previous jobs, sporting activities and his
possession of a driver’s licence and firearms accreditation all suggested that he had a
reasonable degree of visual acuity, but this information was not taken into account in the
selection process.
The NSW Tribunal awarded damages to Mr Zraika of $10,000 and ordered the Police Service
to reconsider his application for employment without reference to the visual acuity standard.
Zraika v Commissioner of Police, NSW [2004] NSW ADT 67( 93-334)
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Guide to interviewing applicants with disabilities
Mobility impairments21

enable applicants who use crutches, canes or wheelchairs to keep them within reach.

if a person uses crutches, a walker or some other assistive equipment, offer them
assistance with coats, bags or other belongings. This is a common courtesy for all
applicants.

be aware that some wheelchair users may choose to transfer themselves out of their
wheelchair into an office chair for the duration of the interview.

allow extra maneuvering space for the safety of a person who uses crutches, a
walker, cane or wheelchair.
Vision impairment

when greeting an applicant with a vision impairment identify yourself and introduce
anyone else who is present.

ask the person if they would like to take your arm for guidance through a door or to a
chair, then let the person take your arm and follow the motion of your body. Tell them
where the chair is in relation to his or her body. If the person approaches steps,
mention how many and whether they change direction.

when offering seating, place the person’s hand on the back or arm of the seat. A
verbal cue is also helpful.

introduce members of the Selection Panel and indicate where they are sitting. Let the
person know if you change places.

identify yourself before asking a question.

indicate verbally when the interviewee has provided sufficient information and when
you want to close the interview.

when preparing to interview or meet with people with vision impairments, ask whether
they would prefer a well-lit area. Avoid interview rooms with sharp contrasts of light
and dark areas.
21
See City of Sacramento, Disability Etiquette, March 2004; Office of Personnel Management and City
of San Antonio Disability Access Office Disability Etiquette Handbook.
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Speech impairment

give your whole attention with interest.

allow plenty of time for the interviewee to speak and avoid interrupting them or
completing their sentences for them.

don’t pretend to understand the person’s response if you do not. Try rephrasing what
you wish to communicate, or ask the person to repeat what you do not understand.

avoid speaking more loudly. Most speech-impaired people can hear and understand.
Deaf or hearing impaired

people who are deaf or hard of hearing may need extra time in an interview where
there is a lot of oral communication taking place.

touch the deaf or hard of hearing person lightly on the shoulder if you need to attract
their attention during the interview.

if the interviewee lip-reads, face them directly when speaking. Speak expressively
because the person will rely on your facial expressions, gestures and eye contact.

keep hands and food away from your mouth when speaking. Only speak louder if
requested.

not all people who are deaf or hard of hearing know or use sign language. Check
prior to the interview if an interpreter will be required.

if an interpreter is present, it is usual for the interpreter to be seated beside the
interviewer and opposite the interviewee.

remember to direct questions at the applicant, not the interpreter.

if the applicant is using an interpreter, speak at a moderate pace and avoid more then
one person speaking at a time.

interpreters facilitate communication and cannot provide any additional information
about the applicant or their disability. Any questions about the applicant’s particular
needs or ability to do the job should be asked of the applicant.
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
Making the selection decision
Employers may lawfully discriminate against applicants with disabilities who are unable to
meet the inherent requirements of the job as articulated in the key selection criteria. However,
the inherent job requirements must be applied in good faith and relate objectively to the
individual’s ability to perform essential aspects of the specific position description. The
inherent requirements of the job must also be applied consistently to all applicants.
The decision that an applicant with a disability cannot meet the inherent requirements of the
job must be made after the Selection Panel has considered the impact that the provision of
reasonable adjustments would have on the applicant’s ability to the meet them. This means
that all recruitment and selection decisions need to be made on the basis of merit.
Further information about unjustifiable hardship is provided in Section 5.
The use of medical examinations in the selection process
Unless medical information is volunteered by an applicant, the requirement that applicants
undertake a medical examination during the pre-employment stage may give rise to a
complaint under the Disability Discrimination Act unless:

it is relevant to assessing an applicant’s ability to meet the inherent requirements of
the job; and

it is effective for this purpose;

all applicants for similar jobs are required to undertake it.
Similarly, a job offer to a successful applicant may be conditional on the results of a medical
examination if all employees entering similar jobs have been required to undertake a medical
examination. If, after a medical examination, the employer decides not to hire a particular
applicant because of their disability, the Selection Panel must be able to demonstrate that the
decision not to employ the applicant is job-related and consistent with the inherent
requirements of the position. It would also be necessary to show that the organisation had
given due consideration to whether or not the applicant could perform the inherent
requirements if reasonable adjustments or modifications were made.
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Best practice checklist: Recruiting and selecting staff with
disabilities22
Developing the position description
 Identify the inherent requirements and core competencies of the job.
 Write or update the position description using inherent job requirements.
 Include a statement about the University’s commitment to equal employment
opportunity in the position description.
 Ensure that selection criteria do not contain criteria that could be seen as
discriminatory or exclude people with disabilities.
 Make provisions for providing the job description and supporting information in
alternative formats, if requested.
 Be familiar with the University of Melbourne’s recruitment and selection policies and
best practice guidelines.
 Include information about disability policies and support in recruitment documentation
(e.g. brochures, best practice guides, the Disability Action Plan).
 When appointing the Selection Panel, consider including a person with an awareness
of disability issues and an understanding of how staff with disabilities can be
accommodated in the workplace.
Interviewing applicants
 Check if any applicants have provided information about specific needs (e.g. physical
access, interpreters) and plan to accommodate these.
 Make sure that applicants who have declared a disability have prior information about
the interview procedure and any access arrangements.
 Explain position requirements if requested.
 Prepare interview questions, taking care to use inclusive language.
 Ask competency-based questions related to the inherent requirements of the job.
 Ask all candidates similar questions about their ability to meet the inherent
requirements and keep records of questions and answers.
Making the selection decision
 Assess each applicant against the key selection criteria on the basis of merit.
22
Information in the checklist have been drawn from the following sources:
Human Rights and Equal Opportunity Commission Best practice guidelines for recruitment and selection
Fact Sheet, December 2004; US Department of Labor, Office of Disability Employment Policy Preparing
for and Conducting an Effective Job Interview; University of Edinburgh Disability policy 1999;
Department of Education & Training (Victoria) Managing Employee Disability in the Workplace: Policy
and Guidelines, April 2004.
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 If an applicant has a disability, check whether they could meet the inherent
requirements with the provision of reasonable adjustments.
Making the job offer
 At the time of offering a job to the preferred applicant who has declared a disability,
ask them if there are any adjustments or modifications that may be required (e.g.
assistive technology).
 Any necessary modifications should ideally be agreed and carried out before the
person commences work.
 If adjustments have implications for other staff, for example, they require changes to
work rosters; you may need to consult them about the proposed adjustments.
 Where the disability is not visible, ask the successful applicant if they wish their
colleagues to be informed of their disability before they start work. In certain
circumstances, it may be appropriate for some colleagues to be aware of the
disability if changes to their working arrangements are necessary to accommodate
the new staff member or in order to be able to respond appropriately in cases of
emergency.
 Ensure that all staff have been trained in discrimination and disability awareness.
 Ensure that medical records and other information provided by the applicant remain
confidential.
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5. Making reasonable adjustments
As well as accommodating the needs of people with disabilities who are recruited, managers
and supervisors are required to make reasonable adjustments for staff who develop a
disability during their employment. This ensures that managers and supervisors are compliant
with the University’s Disability, Sexual Harassment and Bullying Policy and Procedures and
protects managers, supervisors and the University from claims of unlawful discrimination on
the ground of disability. Understanding what is meant by ‘reasonable adjustments’ is an
important aspect of a manager’s and supervisor’s responsibilities.
What are ‘reasonable adjustments’?
As discussed earlier in this document, ‘reasonable adjustments’ are modifications or changes
to the job, work environment or the way things are done that will enable a person with a
disability to enjoy equal employment opportunity. The adjustment involves removing or
modifying aspects of the work or environment that can readily be altered without causing
unjustifiable hardship to the organisation.
The specific kinds of adjustments that are needed to ensure equal access for people with
disabilities are not defined in the Victorian Equal Opportunity Act or the Disability
Discrimination Act. Each request for adjustment needs to be considered individually and
according to the particular circumstances. Many people with a disability will need little or no
adjustment to their work environment and in the majority of cases adjustments can be made
with modest sums of money. This has been confirmed by a study undertaken for the Victorian
Office of Public Employment in 2005.23 The study found that concerns of increased costs for
organisations employing a person with a disability were unfounded. Costs associated with
employing someone with a disability also tend to be one-off costs, such as modifications to a
work station, and need to be considered together with cost savings, such as staff retention.
In most cases the person with a disability will be able to tell you what is needed. If necessary,
also seek advice from government agencies or organisations which represent or provide
services to people with a disability.
When managers or supervisors are considering modifications to accommodate staff with
disabilities they may find that these changes bring broader benefits to the work unit. Such
changes may enable a manager or supervisor to make better use of the abilities and
experience of staff and provide greater variety in the roles and tasks performed. An
adjustment involving a degree of task rotation, for example, may also improve communication
and collaboration and result in higher levels of job satisfaction in the workplace.
In some situations ongoing costs are required and the costs of adjustments will depend on the
needs of the person with the disability. For example there might be ongoing costs associated
with some academics who have a disability such as providing a note-taker or research
assistant.
23 Graffam,
Smith & Hardcastle, Achieving Substantive Equality and Optimal Participation: Employees
with a Disability in the Victorian Public Sector. Report prepared for the Office of Public Employment’
School of Health and Social Development, Deakin University, January 2005; pp. 7-8
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Case Study
David is profoundly deaf, and a graduate with a Commerce/Law degree. David was
successful in being recruited by a well known legal firm. Prior to starting with the firm, David’s
new manager asked him what reasonable adjustments would assist him so that he is able to
perform his job. Following this discussion, David was provided with access to a telephone
typewriter which allows him to communicate on the phone through text form. David was also
given a sign language interpreter for one day a week which allows him to organise meetings
with colleagues and clients on this day. David’s manager has also scheduled team meetings
on this day. The sign language interpreter allows for more interactive communication.
Different kinds of reasonable adjustments suggested in the Australian Human Rights
Commission guidelines include the following:

making existing facilities used by employees accessible to and usable by a person
with a disability

restructuring the job

modifying the work schedule e.g. introducing flexible work arrangements

modifying equipment or devices

installing new equipment or devices

providing qualified readers and interpreters

making appropriate modifications to application and testing procedures and training
materials.24
Reasonable adjustments do not include:

eliminating a primary job responsibility

lowering standards that are applied to all other employees

providing personal use items such as prosthetic limbs, wheelchairs, eyeglasses or
hearing aids

excusing a violation of the University’s Responsibilities of University Staff Policy25

changes causing “unjustifiable hardship” to the University and/or the Department.
24
Australian Human Rights Commission, Employment and the Disability Discrimination Act
www.hreoc.gov.au/disability-rights/faq/Employment/employment_contents.html
25
Human Resources, Responsibilities of University Staff, The University of Melbourne, Rev. July 2006.
Policy can be downloaded from the Human Resources Website at http://www.unimelb.edu.au/ppp/docs/
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Some specific examples of adjustments to the work environment26

modifying physical access to the workplace e.g. putting in a ramp, modifying toilets,
providing flashing lights on a telephone to alert people with a hearing loss.

modifying a work schedule or work practice such as providing regular meal breaks for
a person with diabetes.

modifying equipment, for example, lowering a workbench for a wheelchair use.

providing administrative assistance for an academic who has a vision impairment to
assist with collecting articles and books, filing and photocopying

negotiating flexible work hours to assist a person to attend medical appointments or
reduce their work hours.
How should managers and supervisors respond to a request
for an adjustment or modification?
Managers and supervisors are advised to consider all requests for an adjustment where these
are made on the basis of a person’s disability. In some situations, a manager or supervisor
will know the staff member well and be familiar with their needs. Nevertheless, it would be
helpful for the manager/supervisor to discuss the staff member’s needs with them in detail in
order to make sure they understand the nature and extent of their abilities and disabilities and
the kinds of adjustments that will be the most effective in assisting them to perform their role.
In some cases, the manager/supervisor may need to ask the staff member to provide some
form of medical documentation of their condition or disability.
Where the need for particular adjustments is unclear, it may be helpful to get advice from the
University Occupational Health Service or seek the assistance of an external organisation,
such as Vision Australia.
In some cases the need for an adjustment may prevent an employee with a disability from
effectively carrying out their duties until the adjustment is agreed and implemented. In this
situation, managers and supervisors are advised to consult with their Human Resource
Consultant to consider options such as alternative duties or an alternative work location for
the staff member until such time as the adjustment is made.
In considering requests for adjustments from staff with disabilities, managers and supervisors
are advised to consult with their Human Resources Consultant. A list of resources to assist
managers and supervisors is provided in Section 7.
What if it isn’t possible to accommodate a request for an
adjustment?
Under the Disability Discrimination Act an employer may lawfully refuse to employ, transfer or
promote a person to a job or may lawfully terminate a person's employment in a job if:

the person is unable, or would be unable, to perform the inherent requirements of that
job; and
26
Human Rights and Equal Opportunity Act Good practice good business: Disability Discrimination and
Harassment http://www.humanrights.gov.au/employers/.
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
this inability cannot be remedied by making a reasonable adjustment.
Employers may also refuse to provide an adjustment where it can be argued that it would
involve undue hardship for the organisation.
Refusing an adjustment on the basis of unjustifiable hardship
An adjustment may cause unjustifiable hardship if it creates significant difficulties or expense
to the employer. Unjustifiable hardship is determined in law on a case-by-case basis and in
accordance with particular circumstances of employment. It is up to the employer to argue
that the adjustments requested were unreasonable or would cause the organisation
unjustifiable hardship.
If defending a claim of discrimination on the grounds of disability, an employer may argue that
a particular adjustment cannot be provided as it:

costs more than alternatives that are equally effective

requires extensive and disruptive renovations

may have a significant and negative effect on other employees or students

prevents the organisation from complying with other relevant laws such as the
Occupational Health and Safety Act.
In its guide to the Disability Discrimination Act, the Australian Human Rights Commission
advises that the following factors will be taken into account when determining whether an
adjustment constitutes an unjustifiable hardship for an employing organisation would include:

the cost and nature of the adjustment

the financial resources of the faculty/department

the financial resources of the University

the impact of the adjustment on the operation of the faculty/department27
Decisions about undue hardship may therefore be made on the basis of the overall financial
resources of the University, rather than the financial situation of a particular budget area. As
requests for reasonable accommodation by staff with disabilities do not usually involve
substantial costs, it is unlikely that there will be a line item in departmental budgets to cover
such requests. The lack of any budgetary allocation or resources at a local level to support
particular adaptations or access requirements of staff would not constitute ‘undue hardship’ in
most cases. In such situations, Heads, managers and supervisors should consider applying
for government assistance (see Section 7) or seek financial assistance at the faculty or
divisional level.
27
Ibid.
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Legal case example
The complainant, who has a vision impairment, had worked for an Australian Government
authority for approximately 12 years. In raising a complaint with the Human Rights and Equal
Opportunity Commission he claimed that his employer had accommodated his disability for
six years by providing a large screen computer for his exclusive use. The complainant stated
that when some of his office’s functions were transferred to another city he and his coworkers were assigned new duties that required a different computer program. The
complainant stated that the images from the new program could not be magnified and
therefore the effect of his large screen was lost. As a result, he was unable to perform
computer based duties and was provided with what he regarded as ‘menial’ clerical work.
The complainant alleged that his colleagues continued to do overtime on a regular basis but
he was denied the opportunity to earn overtime and do higher duties as he could not use the
computer. He further stated that the problem would be resolved if a new computer screen was
purchased but he claimed the respondent was reluctant to spend $10,000 on a new screen.
The respondent said that the problem involved new software and was not easy to solve. As a
result the complainant had been on alternate duties for some eight months when the
complaint was lodged.
The complaint was resolved by conciliation with the respondent agreeing to purchase a
compatible computer screen and provide the complainant with additional support and training
to address any disadvantage to his career. The respondent also provided the complainant
with a statement of regret.
Accommodating staff with mental health issues
Staff with mental health issues or psychiatric disabilities may be reluctant to seek adjustments
or disclose their condition to their employer. Managers need to be sensitive to this situation
and aware of the negative assumptions or misunderstandings about people with mental
health issues or psychiatric conditions that may exist in any workplace. When staff disclose
mental health conditions or other psychiatric disabilities it is essential for managers to treat
this information confidentially.
Where a new or existing staff member discloses that they have experienced mental health
issues which affect their work, it can be helpful to ask whether or not the staff member wishes
their colleagues to be informed of their disability. As a manager or supervisor, you might also
want to discuss with the staff member arrangements that could be put in place should they
become ill or injured at work. This is similar to ‘emergency contacts’ for all staff.
Examples of adjustments which could assist staff with mental
health issues
Typical support needs can include help in maintaining concentration, handling stressful
situations, interacting with co-workers, responding to supervisor feedback and the provision of
flexible work arrangements. The following checklist gives some steps that can be taken to
assist staff.
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
Checklist of adjustments for staff with mental health issues28
Maintaining concentration
Interaction with co-workers

reduce distractions in work area

educate employees on the value of
workplace diversity

provide space enclosures or private
office space

provide sensitivity training to coworkers and supervisors

plan frequent breaks

make attendance at work-related
social functions optional

divide large assignments into smaller
tasks

encourage non-work conversations
out of the work area
Aiding memory
Handling stress

allow the employee to use a tape
recorder

provide feedback and positive
reinforcement

provide for typewritten notes,
checklists and instructions

refer to counselling and employee
assistance programs

allow additional time for training

allow telephone calls to doctor during
work hours

encourage the use of non-judgmental
language in the workplace and in
written performance assessments
Maintaining stamina during work day
Supervising effectively

allow flexible scheduling

provide continue feedback and
reinforcement

provide additional time to learn tasks
and new responsibilities

develop clear expectations of
responsibilities

allow use of a job coach or mentor

develop strategies to deal with
difficulties as they arise

allow the employee to work from
home at times

develop a procedure to evaluate
accommodations
Impact of medication

allow for flexible start and finish times
and flexible work days if required

allow the employee to work from
home at times
See Fast Fact: ‘Psychiatric Disabilities’, U.S Chamber’s Center for Workforce Preparation and VCURRTC, Vol. III, No 3, May 2003
28
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
Confidentiality of personal information
As for all employees and potential employees, the University must ensure that personal
information is only used for the purpose it was collected and is protected against improper
access or disclosure. If information about an impairment or condition is requested from job
applicants or existing staff members they must be informed as to why information is required
and who will have access to it. The disclosure of sensitive personal information regarding a
person’s disability to other employees or other parties, or the failure to protect such
information from unauthorised access, may constitute discrimination if a detriment is suffered
as a result.29
Information on the Health Records Act 2001 (Vic) including privacy guidelines can be
obtained from the Office of the Health Services Commissioner
(http://www.health.vic.gov.au/hsc/).
29
Queensland Government, Department of Education Guidelines for Reasonable Adjustment for People
with a Disability
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
Best practice checklist: Providing reasonable adjustments
 Identify the inherent requirements of the position.
 Clarify and verify the employee’s or successful job applicant’s disability.
 Consult with the individual to identify any adjustments that are necessary and
reasonable.
 Consult with your Human Resources Consultant if you need assistance.
 When adjustments have been identified, put in writing the adjustments that will be
provided, being as specific as possible with a timetable if necessary.
 Provide a copy of the agreed adjustment to the staff member.
 Develop a process for re-assessing or reviewing the adjustments periodically e.g.
meet with the staff member from time to time.
 Only implement effective adjustments, taking into account the preferences of the
individual with the disability.
 Implement the adjustments as promptly as possible. Unnecessary delays could result
in a claim of discrimination under the Disability Discrimination Act or the Equal
Opportunity Act.
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
6. Frequently asked questions
30
Who qualifies for reasonable adjustments?
All current employees who have a temporary or permanent disability, whether their
employment is continuing, fixed term or casual and regardless of whether the disability is
work related.
Can an employer ask questions in an interview about a
person’s disability?
Yes, but only if they relate to the key selection criteria and are asked of all applicants.
Inappropriate questioning or testing in relation to disability may lead to or constitute
discrimination. Additional information may be requested from an applicant with a known or
declared disability in order to ascertain whether any “reasonable adjustments” are required to
enable them to fulfill the inherent job criteria. However, this must be done with discretion and
sensitivity and is best done after the selection decision has been made.
Does the Selection Panel have to provide reasonable
adjustments at the interview stage if it seems that the
department would be unable to provide them for ongoing
employment?
Yes. An employer must consider all applicants on merit, and not exclude them from the shortlist based on assumptions about their disability and particular access needs. To refuse to
interview someone on this basis could give rise to a complaint to the Victorian Equal
Opportunity and Human Rights Commission or the Australian Human Rights Commission.
How quickly must a manager respond to a request for an
adjustment from a staff member with a disability?
A manager or supervisor should respond promptly to a request for an adjustment.
The manager should arrange to discuss the request with the staff member and seek advice
from a Human Resources Consultant if necessary. Once agreed, the adjustment should be
implemented as soon as possible. Unnecessary delays can result in liability for complaints of
disability discrimination under the Disability Discrimination Act or the Equal Opportunity Act.
30
Australian Human Rights Commission, Employment and the Disability Discrimination Act
www.hreoc.gov.au/disability-rights/faq/Employment/employment_contents.html
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
Can a manager ask the staff member for medical evidence of
a disability?
A manager can ask for medical evidence as long as it is related to determining whether or not
a person can perform the inherent requirements of the job and/or the adjustments that are
needed to do that. In some cases, independent medical or other relevant expert evidence
may be highly desirable as a means of clarifying their ability to perform the inherent
requirements and resolving any disputes that may arise in relation to this.
However, relying on a medical assessment does not remove a manager’s or supervisor’s
responsibility for making decisions in this area.
Legal Case
Ms Melvin was dismissed because of her impaired eyesight after ten years of employment. In
considering Ms Melvin’s discrimination complaint, the Human Rights and Equal Opportunity
Commission found that the organisation had unlawfully discriminated against Ms Melvin.
Their decision to dismiss was based on an optometrist's report that Ms Melvin was "legally
blind". The report, however, did not answer the specific questions the employer had asked, or
address Ms Melvin's ability to perform the inherent requirements of the job.
Melvin v Northside Community Service, HREOCA, 1996
Are adjustments or modifications likely to be expensive?
Workplace adaptations, if required, can often be made with modest costs and in many cases
involve no cost at all. Changes to accommodate someone with a disability often make it
easier for all employees to work effectively.
What is considered an unreasonable adjustment?
According to the Australian Human Rights Commission31 an unreasonable adjustment would
be one that requires:

changing the inherent requirements of the job

maintaining a job which would otherwise be altered or abolished

the creation of a different job altogether or

promotion or transfer to a different job
Such changes would generally be regarded as unreasonable, except as part of a structured
rehabilitation program following a workplace injury.
31
Human Rights and Equal Opportunity Commission Employment and the Disability Discrimination Act
http://www.hreoc.gov.au//disability_rights/faq/Employment/employment_contents.html
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
What risks will I be exposed to if I don’t agree to provide a
reasonable adjustment?
The Australian Human Rights Commission guidelines say that employers and individual
managers who fail to make reasonable adjustments where required could be exposed to
liability for unlawful discrimination, as well as missing the opportunity of using the abilities of
present and potential employees most effectively.
An employer who did not know that an adjustment was required or possible, can still be liable
for failing to make the adjustment, if they should reasonably have been aware that the
adjustment was required and possible.32
How far do I need to go to accommodate a person with a
disability?
The Disability Discrimination Act does not require workplace changes to be made if they
would cause major difficulties or unreasonable costs to the department or organisation. In that
case, you could claim that the request is unreasonable as it would cause ‘unjustifiable
hardship’. Before deciding whether an adjustment could involve unjustifiable hardship,
managers and supervisors need to:

consider whether and how an adjustment could be made.

discuss this directly with the person involved, and

consult either a Human Resources Consultant or staff in the Equal Opportunity Unit
(Human Resources).
What are my obligations to provide reasonable adjustments
for staff with mental health issues or psychiatric disabilities?
The same obligations apply to staff with mental health-related disabilities who request
adjustment as apply to staff with physical or sensory impairments.
Many people with psychiatric disabilities or mental health issues require minimal and
occasional support and have a high level of ability to manage their disability. Others may
need substantial support. The level of support may vary over time and between individuals.
32
Ibid
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
7. Resources
University of Melbourne
Counselling Service
The Counselling Service is available for all staff as well as for students. A staff member who
is experiencing difficulties can speak with a University counsellor in confidence. They can
provide support, information and referral to appropriate community-based services if
necessary.
The Counselling Service is located at Level 2, 138 - 146 Cardigan Street, Carlton, telephone
8344 6927 or 8344 6928 and is accessible to people who use wheelchairs.
Environmental Health and Safety (EHS) Unit
The Environmental Health and Safety Unit provide advice to faculties and departments on
managing environmental, health and safety risks. The Unit can assist with ergonomic
assessments of workstations and risk assessments of the work environment.
The EHS Unit is located at Level 5, Arts Centre Building 199, telephone 8344 3050.
People and Fairness Unit
The People and Fairness Unit can provide further advice and assistance in relation to a
manager’s or supervisor’s obligations under equal opportunity legislation and University
policies, and can assist managers to identify reasonable adjustments for existing staff or job
applicants.
The People and Fairness Unit can be contacted on 8344 7798 or by email to: eohr@unimelb.edu.au. Information is also available on the People and Fairness Unit website at
www.hr.unimelb.edu.au/strategic/equity
Human Resources
Local Human Resources Consultants can provide further information and assistance about
recruiting and employing people with disabilities, reasonable adjustments and related policies.
Contact details for local Human Resources Consultants are available on the Human
Resources website at www.hr.unimelb.edu.au/aboutus/contact/local
Occupational Health Team
The Occupational Health team can assist staff with identified health issues (including
disabilities) to minimise and/or control any health risks associated with their employment. In
order to access this service, staff members are required to complete a Health and Hazard
Assessment Questionnaire.
The Occupational Health team is located at Level 5, Arts Centre Building 199, telephone 8344
3050.
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
External
Accessibility.com
This site provides information, resources and a product directory to assist people with
disabilities and employers. Visit the site at: www.accessibility.com.au
Action on Disability within Ethnic Communities
This is a community based organisation that represents the rights and needs of people from a
non-English speaking background with a disability. They provide advocacy, information,
referral, education, training and consultancy for employers and people with disabilities. They
can be contacted through their website at: www.adec.org.au.
Commonwealth funded disability employment services
Service providers offer employment assistance to people who have intellectual, psychiatric,
sensory or physical impairments that are likely to be permanent and result in the need for
ongoing support.
For information about disability employment services call Disability Service, Department of
Human Services on 1300 650 172.
Disability Online
This is an online service that provides information for people with a disability, their families
and carers. A wide range of supports and services (over 30,000) are listed
www.disability.vic.gov.au.
Diversity@work Australia Inc
The organisation Diversity@work provides assistance for employers through free sourcing of
suitable candidates and other advisory services, including advice on subsidies available to
employers. Contact Diversity@work through their website at: www.work.asn.an.
Victorian Equal Opportunity and Human Rights Commission
The Commission is a statutory body that reports to the Victorian Parliament. In addition to
complaint resolution, the Commission offers information, education and consultancy services,
conducts research and provides legal and policy advice.
Contact the Victorian Equal Opportunity and Human Rights Commission on toll free 1300 891
848 (toll free) or consult their website at www.eoc.vic.gov.au.
Australian Human Rights Commission
The Commission’s responsibilities include education and public awareness, discrimination
and human rights complaints, human rights compliance and policy and legislative
development.
A wealth of information can be found at their web site www.hreoc.gov.au or telephone (02)
9284 9600.
Mental Health Branch, Department of Health and Aged Care
(Commonwealth)
The Mental Health Branch produces a range of brochures on mental illness that may be
helpful in raising awareness of the needs of staff with mental health conditions in the
workplace. The Mental Health Branch can be contacted on 1800 020 103 or via their website:
www.health.gov.au/hsdd/mentalhe.
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
National Employment & Psychological Services Centre Inc
This service provides a Jobs in Jeopardy Program, return to work services and work place
training that can assist both employers and people with disabilities. Visit their website:
www.neps.org.au.
Physical Disability Council Victoria Inc
The Council provides information and links to a range of organisations in Victoria. Visit their
website: http://home.vicnet.net.au/~pdcv/
Rehabtool.com
This website provides valuable web resources on assistive technology and computer
adaptations: www.rehabtool.com.
Sane Australia
Sane Australia produces a range of fact sheets and useful information on mental illness.
Contact them on 1800 18 7263 or through their website: www.sane.org
Vicdeaf
The Victorian Deaf Society (Vicdeaf) is a non-profit organisation established in 1884. It is the
primary source of reference, referral, advice and support for deaf adults in Victoria.
http://www.vicdeaf.com.au/
Vicnet Directory:
The directory provides links to hundreds of organisations in Victoria and Australia
http://home.vicnet.net.au/~dina.
Vision Australia
Vision Australia can assist employers by providing workplace assessments and strategies to
enable a person with a vision impairment to gain or maintain a job. They can also advise on
assistive technology and workplace modifications. Contact Vision Australia on 1300 847 466
or visit their website: www.visionaustralia.org.au.
Women with Disabilities Australia (WWDA)
This is a peak body run by women for women with a disability and associated organisations.
Further information is available on their website: www.wwda.org.au.
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
Government assistance schemes
JobAccess
This is a Commonwealth Government one-stop shop for all matters relating to employment of
people with disabilities. JobAccess can be found at http://www.jobaccess.gov.au. This
website provides access to a broad range of practical and valuable information and resources
in relation to workers with disabilities including:

Workplace Adjustment Tool lets you search for ideas on how to make a workplace
more accessible for people with disability. You can search for ideas based on the
type of job being undertaken, a particular disability, a type of product or a particular
supplier. When you find the product or solution you need, you can view contact
details for suppliers in your area. Follow the step-by-step instructions to begin your
search. Select 'Reset search' to start again.

Workplace Modifications Scheme aims to provide additional help to employers of
people with disabilities by helping with the cost of leasing, hiring or buying workplace
modifications or adaptive equipment. Reimbursement may be made to the employer,
employee, employee’s advocate or a disability employment service.

Disability Employment Network provides a range of assistance to staff with a disability
who need ongoing support in the workplace. The Disability Employment Network also
provides a free service directly to employers through a national network of community
and private organisations. Support and assistance is designed to meet the individual
needs of employers and can include free professional recruitment advice, on-the-job
training and support to employees with disability, and disability awareness training.

Vocational Rehabilitation Services provides a comprehensive intervention, combining
specialist rehabilitation with employment assistance, to help people with disabilities,
injury or health conditions to gain or keep a job. Vocational Rehabilitation Services
also provide a range of assistance and support to employers.
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STAFF WITH DISABILITIES - GUIDELINES FOR MANAGERS AND SUPERVISORS
8. Useful references
Australian Local Government Association Accessible Workplaces: Best Practice Resources
for the Employment of People with Disabilities in Local Government, Australian Capital
Territory, 1997
Central Marketing Services, Recruitment of People with a Disability: A Practical Guide,
Central Marketing Services, Victoria, 1998
Disability Liaison Unit, Disability Action Plan 2008 – 2011 University of Melbourne, Victoria,
2008
Equal Opportunity Commission, Victoria
Building eQuality in the Workplace: injured workers
Building eQuality in the Workplace: pre-employment medical testing
Disclosing your disability to employers: your rights
Know Your Rights: Disability/Impairment Discrimination
Human Resources, Best HR Practice – Recruitment and Selection of University Staff:
Informed Decision-Making, University of Melbourne, Victoria, 2006
People and Fairness Unit, Best HR Practice – Negotiating Flexible Work Arrangements:
Guidelines for Staff, University of Melbourne, Victoria, 2005
People and Fairness Unit, Best HR Practice Guide – Negotiating Flexible Work
Arrangements: Guidelines for Supervisors, Managers and Department Heads, University of
Melbourne, Victoria, 2005
People and Fairness Unit, Watch Your Language: Guidelines for Non-Discriminatory
Language, University of Melbourne, Victoria, rev. 1996
People and Fairness Unit, University of Melbourne, Victoria
Discrimination: Who can I talk to?
Employing People with Disabilities: A Guide for Managers and Supervisors
Indirect Discrimination: Fair in Form: Fair in Effect?
Post Secondary Education Disability Network, Access & Egress: Emergency Evacuation
Procedures for People with Disabilities and Medical Conditions, Murdoch University, Western
Australia, 2001
University of Melbourne Guide for Staff with a Mental Illness.
Workers with Mental Illness: A Practical Guide for Managers
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