Scenario #5: Principals v Contract Workers
The Rules
The Act makes it unlawful for a principal to discriminate against a contract worker on the ground of disability in relation to:
the terms on which the principal allows the contract worker to work,
not allowing the contract worker to:
work, or
continue to work,
limiting or denying the contract worker’s access to any benefit associated with the work in respect of which the contract worker’s contract with their employer is made, or
subjecting the contract worker to any other detriment.
Specific Exceptions
The below exception applies in relation to the principal not allowing the contract worker to:
work, or
continue to work.
IF –
taking into account:
the contract worker’s past training, qualifications and experience relevant to working as a contract worker and,
if the person is already working for the principal as a contract worker:
the contract worker’s performance as a contract worker, and
all other relevant factors that it is reasonable to take into account, and
the contract worker because of their disability would:
be unable to carry out the inherent requirements of a contract worker, or
in order to carry out those requirements:
require services or facilities that are not required by persons without that disability, and
the provision of which would impose an unjustifiable hardship on the principal,
THEN – the discrimination will not be unlawful.
To determine whether there is an ‘unjustifiable hardship’, all relevant circumstances of the particular case need to be taken into account including the:
nature of the benefit or detriment likely to accrue or be suffered by any persons concerned, and
effect of the disability of a person concerned, and
financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship.
General Exceptions
There are no general exceptions that apply to this scenario.