Scenario #6: Employment Agencies v a Person

The Rule

The Act makes it unlawful for an employment agency to discriminate against a person on the ground of disability in relation to:

• refusing to provide the person with any of its services, or

• the terms on which it offers to provide the person with any of its services, or

• the manner in which it provides the person with any of its services.

The Exception to the Rule

IF –

• taking into account:

  • the person’s past training, qualifications and experience relevant to the work sought, and

  • all other relevant factors that it is reasonable to take into account, and

• the person because of their disability would be unable to carry out the inherent requirements of the work sought,

THEN – such behaviour (as described in the rule) is not unlawful.