Anti-Discrimination Board of NSW

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​Not employed after WorkCover disclosure

​Conciliation: Disability discrimination in employment

​Published: 17 October 2016

A woman who applied for a job as a security guard wasn’t offered employment after she disclosed that she had made a previous WorkCover claim.

Story:

The complainant applied for a job as a security guard and attended an interview and a group training session and information day, but after this she was advised that the company would not be proceeding with an offer of employment. 

The complainant said that she was told this after she disclosed on her application form that she had previously made a WorkCover claim and was taking prescription medication. However the employer said that they decided to put all positions on a temporary hold for internal management reasons, and none of the applicants were offered employment. 

The employer’s response to the complaint included an unsolicited without prejudice offer of payment of $1000 to the complainant in settlement of the matter.  This offer was accepted by the complainant.

What are my work rights? Disability discrimination

Applying for a job

In general, all job advertisements, jobs, apprenticeships and traineeships must be open to you, and you have the right to apply for them and be fairly considered for them on the basis of merit. This also applies to bodies which issue licences to perform particular jobs, for example taxi licences or registration to practice as a nurse.

If you are the best person for the job and you can do all the essential parts of the job, then you should get the job, irrespective of your disability. Employers can only refuse to give you a job if you can't do the essential parts or 'inherent requirements' of that job.​​​

More information on Disability discrimination​​​

​Bac​k to October 2016 - Equal Time Newsletter​​

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