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In This Section:
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Test Your Awareness about Recruiting People with a Disability
Common Questions
What types of jobs are/aren't suitable for people with disabilities?
People with disabilities work successfully in a wide range of jobs and industries. As with all people, suitability for a particular job depends on the individual possessing the necessary skills, abilities and personal attributes.
Is it going to cost my company more in insurance to cover compensation costs?
The Disability Employment Action Centre, Victoria, has conducted one of the few Australian based studies on health and safety. This study found that 4% of employees with disabilities claimed for accidents during 1991 compared with 14.7% of Victorians without disabilities (references cited in Zeleznik, T, Ready, Willing and Able, Business Link Network, Adelaide, 1995). Studies in both Australia and USA have identified little, if any, increase in insurance premiums as a result of employing people with disabilities.
Will we be expected to spend more time training and supervising a person with a disability?
All new employees require training. Sometimes, depending on the tasks they have been allocated, a person with a disability may need some extra assistance with initial training and on-the-job support. (Refer to 'Services' section regarding information about services and schemes available to you when employing a person with a disability.)
Will the work be up to standard?
Jobseekers with disabilities want, as much as anyone else does, a job in which they can take pride. Quality of work is as important to them as it is to you.
Will we have to redesign the workplace?
The vast majority of people with disabilities in employment require no workplace modifications or job redesign. Where adjustments are required, they are usually simple and inexpensive to make.
What questions can/can't I ask about a person's disability?
During a formal job interview, questions should be framed as for any other job applicant to ascertain the individual's ability to perform the essential requirements of the job. The issue is ability to do the job requirements, not the disability. Questions relating to disability should only be asked in order to identify whether any adjustments will be required to assist the person to do the job. Inappropriate and unnecessary questioning may be in breach of the Commonwealth Disability Discrimination Act (1992) or state legislation.
How should the person with a disability be treated at work?
Treat a person with a disability with respect, as you would any other employee. This includes ensuring that they have the opportunity to participate in workplace events and social activities.
How do I treat someone with a psychiatric disability?
With the same respect that you treat other employees.
Is a psychiatric disability the same as an intellectual disability?
No, having a psychiatric disability does not necessarily mean any loss of intellectual functioning. Most individuals with a psychiatric disability have average to well above average intellectual ability.
Are people with a psychiatric disability likely to be violent?
People with psychiatric disabilities are no more likely to react violently than the general population. They are more likely to become withdrawn and reclusive when unwell. They are also more likely to be victims of violence than perpetrators.
What should I tell the rest of my staff about employing someone with a disability?
The only information that should be disclosed to others is what the employee wants to tell them. They have the same right to privacy as other staff.
If an employee with a disability is happy to have their information divulged to staff, then staff should be aware of the legislation and should have some disability awareness training. The aim of such training is to better equip all employees to interact appropriately with fellow workers and with customers and the general public
The employer and employee should discuss what is to be disclosed and how work colleagues are to be advised. Disability awareness training to enable colleagues to appropriately interact with people with disabilities could be provided
Substantive Equality
Substantive equality means equality of opportunity for people with disabilities compared to people without disabilities. People with disabilities are entitled to employment which is free from unlawful discrimination and which includes the opportunities and challenges comparable with those offered to all people. Substantive equality cannot be achieved by treating all people in the same way.
Substantive equality can be assessed by the extent to which the treatment achieves equality of employment opportunity for people with disabilities that is comparable to that available to anyone without disabilities. This comparison should be made after any adjustments and/or special measures have been identified and implemented.
Equal Employment Opportunity (EEO) means equity in employment where employment policies and practices are based on the principle of merit.
EEO establishes the right to be considered for a job for which one is skilled and qualified. It is the chance to compete with others and not to be denied fair appraisal or to be excluded during this process by laws, rules or attitudes. This means having workplace rules, policies, practices and behaviours that are fair and do not disadvantage people because they belong to particular groups.
In such an environment, all workers are valued and respected and have opportunities to develop their full potential and pursue a career path of their choice.
A policy of EEO means that the requirements and qualification for any job must be carefully defined so that no one is excluded from consideration or disadvantaged by the application of irrelevant criteria.
EEO requires decision making to be based on clear, predefined job related criteria in all areas of human resource management, including:
- recruitment and selection
- training and development
- promotion and transfer
- conditions of service
- staff supervision.
EEO Requires That:
- equal consideration for employment opportunities be given without recourse to traditional judgements about career and life patterns
- consideration be given to all aspects of a person's capability including all relevant life experiences
- equal encouragement be given to pursue careers and to participate in programs or personal and professional development; and
- conditions of employment prevail which do not disadvantage anyone because of discriminatory practices.
Affirmative Action Policies and Strategies
EEO is supported and enhanced through affirmative action policies and strategies. Research conducted by the Office of Employment Equity and Diversity (formerly ODEOPE) shows that since 1999 the employment of people with disabilities in the NSW public sector has declined. Affirmative action strategies may help reverse this downward trend.
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Examples of Affirmative Action Strategies
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EEO policy statements advise agency CEOs and human resources managers that there are a number of ways they can recruit staff while adhering to merit selection principles.
Foremost among these ways is to include one or more affirmative action strategies in the agency EEO management plan under the provisions of section 122K of Part 9A1 of the NSW Anti-Discrimination Act 1977 (ADA). This section provides an exemption from the provisions of the ADA so that an agency can implement strategies for targeting members of an EEO group for employment in a range of positions as part of its EEO program.
Some Possible EEO Management Plan Strategies
- One possible management plan strategy might say:
'Within the strategic planning cycle <agency name> will employ 4 trainees, apprentices or other people with a disability into x graded and y graded positions.'
To implement this strategy a statement would need to be added to the job advertisement stating:
'This position is targeted to employment of a qualified person with a disability and is authorised by the agency's EEO Management Plan in accordance with Part 9A of the NSW Anti-Discrimination Act 1977.'
- Another management plan strategy might say:
Direct Appointment'The <agency name> will directly appoint one or more job seekers with a disability after completion of a work placement where a suitable vacancy exists and if the supervisor is satisfied they have demonstrated their merit to do the duties of that job.'
To implement the strategy the CEO will need to endorse it as he/she is the only person empowered to directly appoint a person to a vacancy.
Affirmative action allows strategies such as direct appointment of a person with a disability under certain circumstances.
Managers' Responsibilities
Listed below are a number of responsibilities that all supervisors and managers have in relation to EEO. These responsibilities are based on anti-discrimination legislation and incorporate sound management principles and affirmative action strategies.
It is expected that managers will:
- ensure that non-discriminatory language is used, especially in written communication
- ensure that menial duties are rotated around the staff or allocated fairly
- actively encourage EEO group members to develop their career aspirations
- encourage all staff to nominate for and attend staff development and training programs
- ensure that all staff have the opportunity to act in higher positions
- appraise staff and give constructive feedback
- prevent harassment including any focussed on provision of reasonable adjustments for a staff member
- encourage and support staff to attend English language classes, if relevant
- ensure all staff are aware of their employment and leave conditions
- ensure that all staff know what EEO is all about
- ensure that all staff are well informed about the workplace and how it operates
- encourage all staff to participate in job rotations unless individual work related adjustments require otherwise
- provide on-the-job training for all staff.
Recruitment of People with Disabilities
The Disability Discrimination Act (1992) makes discrimination unlawful at all stages of the employment process. There are five major areas in employment where discrimination may occur. These are:
- advertisements
- application forms
- interview arrangements
- interview questions
- medical assessments.
The NSW Anti-Discrimination Act sets out three particular areas for managers to be aware of when choosing potential employees:
- when assessing whether a person is the best person for the job, consider only those aspects of a position which are inherent (i.e. core or essential)
- employers are expected to provide necessary services or facilities in order for the person with a disability to carry out the inherent requirements of a job
- if providing services or facilities would impose an unjustifiable hardship an employer may be able to lawfully decline to employ a person with a disability. However, a stringent standard is applied to claims of unjustifiable hardship.
It is unlawful for an advertiser to discriminate on the basis of disability. All advertisements should be carefully checked to guard against possible discrimination.
Some examples of potential discrimination in advertisements- Application forms advertising for 'able-bodied' applicants unless this can be shown as an inherent requirement of the position.
- Refusing information, or providing less information because of the way a person's disability makes them look or speak, or making assumptions that they would not be able to do the job because of the disability.
- Making job information inaccessible to some people.
- Providing only a phone number for job information. This may discriminate against some job seekers with a disability, particularly Deaf people.
Another area that needs to be checked for inadvertent discrimination is application forms.
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Some Examples of Potential Discrimination in Application Forms:
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Selection Panels - Composition of Selection Panels
For some people with a disability, the disability creates a difference in the way they do their work. Selection committees need to take this into account when considering an applicant with a disability for a job.
The composition of selection panels for positions should be considered. Here are some options to consider
- at least one male and one female on the panel
- a Manager or nominee* (Convener)
- an independent member who may be from another section of the organisation or an independent organisation
- a possible additional selection panel member for certain positions because of the specialised role of the position; for example, positions that require an understanding of, and sensitivity to:
- the needs of Aboriginal and Torres Strait Islander people, the selection panel may include at least one person of Aboriginal descent; or
- the needs of people from a language background other than English, the selection panel may include at least one person from a non-English speaking background; or
- the needs of people with a disability, the selection panel may include at least one person from the disability community.
All selection panel members must be involved in the short listing of applicants and be fully aware of the advertised selection criteria.
Setting the Interview Questions
The selection panel will have agreed beforehand to a series of questions and/or tasks which relate to the advertised criteria for the position.
While all questions will be based on the selection criteria, each applicant is different so it will be necessary to verify, test and explore different aspects of the selection criteria for each applicant.
On the day of the interviews, the convener will meet each applicant, introduce them to the other panel members and generally put each applicant at ease. The convener will then outline the process that is to occur and advise the applicant that they will have the opportunity at the end of the interview to ask any questions or to add any other information.
Location of the Interview
Before scheduling interviews it should be assumed there may be an applicant with a disability. The interview site should be reviewed to ensure it is accessible and appropriate. There are some important things that should be considered.
- Are there accessible parking spaces available or nearby?
- Is there a ramp or step free entrance?
- Are the toilets wheelchair accessible?
- If the interview is not on the ground floor, is there a lift?
- Are the premises clearly identifiable from the outside?
- Will arrangements for access be made to assist a person with a vision impairment?
- Will the layout of the interview room or office interfere in any way with the mobility of the person?
If any of the above aspects are inadequate then the venue for the interviews should be changed.
The reasonable adjustment provision in the Disability Discrimination Act (1992) also applies to interviews.
Interview Etiquette
Common mistakes when interviewing people with disabilities are:
- openly admiring the applicant's courage
- expressing sympathy
- staring or avoiding eye contact
- assuming unusual sensitivity and avoiding essential questions
- automatically assuming help is needed
- asking about 'handicaps'.
When interviewing people with disabilities, the following reception etiquette guidelines are suggested.
- Use a normal tone of voice when extending a welcome. Do not raise your voice unless requested to do so.
- When shaking hands, take the lead from the person with a disability. The person may have their own style of greeting such as shaking hands with the left hand.
- Treat adults in a manner befitting adults.
- Look at and speak directly to the person with a disability and not to a companion or aide that the person may have with them.
- If an interpreter is present, speak to the applicant, not the interpreter, and maintain eye contact with the applicant.
- Offer assistance with respect. Be prepared to have the offer declined, or if accepted, listen to and accept instructions.
- Allow a person with vision impairment to take your arm (at or about the elbow). This enables you to guide them rather than to propel them. Ensure that you introduce yourself before leading the person and give a clear description of where panel members are seated in relation to the interviewee.
- Allow the person a choice of seats to allow for glare and other issues of personal comfort.
- Offer to hold or carry packages in a respectful manner - 'May I help you with those packages?'.
- Do not offer to hand a cane or crutches unless the individual requests your assistance.
- Never patronise people using wheelchairs by patting them on the head and shoulders.
- Do not lean on a person's wheelchair. Their chair is their personal space and leaning is as inappropriate as leaning on someone's shoulder.
Interviewing Techniques
As well as following the guidelines above, it is also very important that all interviews with people with disabilities are conducted under the following conditions.
- If it appears the person's disability may inhibit their performance of a job, ask 'How would you perform this job?'
- Put the person first and the disability second.
- Avoid expressing your admiration for their courage or expressing sympathy about their circumstances. In fact, avoid any reference to a perceived disability unless it is directly relevant to determining if the person can fulfil the inherent requirements of the job.
- Use neutral language; for example, refer to 'people without disabilities' rather than 'normal people'.
Be very careful of the questions you ask during an interview, and avoid questions that may constitute unlawful discrimination, as well as questions that would not be asked of a person without a disability; for example,
- asking how they acquired their disability
- asking for information about their disability when the information you need can be obtained by asking them about any adjustments they need
- asking questions that are not necessary.
Key questions to ask during the interview include:
- What sorts of things might you require to enable you to do the job?
Or
- If you are successful in getting this job, is there any specific equipment required or appropriate adjustments that may need to be made?
Referees should be consulted as part of the recruitment process.
The referee provides advice to the selection panel on the applicant's professional competence for the specific position. As all applicants are different, it will be necessary for you to verify, test and explore different aspects of the selection criteria for each applicant.
Whilst all questions will be based on the selection criteria, referees may be asked different questions.
The Selection DecisionAfter the interview, the selection decision should be based on how well the person meets the selection criteria in the job description. If the person has a disability which could affect their prospect of employment, the principle of reasonable adjustment should be applied appropriately.
Deciding Against Hiring an ApplicantIt is important to ensure procedural fairness and to be able to justify the decision not to hire the applicant. Such a decision could be made if:
- the applicant cannot fulfil the inherent requirements of the job as completely as another applicant even with the provision of appropriate adjustments, or
- the applicant cannot safely fulfil the inherent requirements of the job even after the provision of appropriate adjustments, or
- the provision of the adjustments required for the applicant to fulfil the inherent requirements of the job or to work safely would cause unjustifiable hardship to the employer.
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Some Examples of Possible Discrimination in the Selection Process: Mary has not been interviewed because the unit manager believes her vision impairment will adversely affect her ability to use a computer terminal, and this is an inherent requirement of the position. However, a program and equipment could have been installed, without undue hardship to the unit, which would have enabled Mary to meet the requirements of the job. Even though the manager did not know of the existence of these resources, he could have found out. As a result, he has unlawfully discriminated against Mary. Jim applies for a job in an office. All applicants must pass a written test. Because of his disability, Jim has difficulty reading standard size print and cannot complete the test in time to achieve a score that would enable him to get the job. Jim could have demonstrated his ability to do the job if reasonable modifications had been made to the test procedure. Unlawful indirect discrimination has occurred against Jim. |
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It is discriminatory to assume a person cannot do a job due to their disability. Only adequate and unbiased investigation can ascertain whether this is true.
The Appointment Process - Some Suggestions Feedback to Applicants
Feedback should be available to all applicants who applied for the position following the approval of the selection panel's recommendation.
The convener is the only panel member empowered to provide feedback to applicants. Any inquiries made to selection panel members should be redirected to the panel convener.
Feedback is an important aspect in the selection process. Handled sensitively, constructive feedback can enhance self-esteem and assist the applicant to make choices about career direction and future involvement in the merit selection process.
The provision of feedback is aimed at providing positive assistance to applicants who have not been appointed to the position. It does not imply an unsatisfactory standard of work or behaviour. Feedback will focus on the selection criteria and the extent to which the applicant demonstrated the ability to meet those criteria.
Feedback discussions will also review performance at interview. This will be done sensitively and take into account cultural characteristics.
Where appropriate, individuals will be advised of areas where they could improve their prospects of success. These areas could include broadening job experiences, attendance at suitable training and development activities, additional studies and presentation at selection interviews.
Medical AssessmentsIt is best not to rely solely on the outcome of a medical assessment in assessing the capability of an applicant to undertake a position within your section. A medical assessment that indicates a job seeker may not be able to perform a job might not be sufficient to protect a company from a claim of discrimination. A medical practitioner making such an assessment will not necessarily have all the information regarding the inherent requirements of a particular job or what adjustments may be reasonable under the circumstances.
Further InformationJobAccess website:
Footnote:
1. Javits-Wagner-O'Day Statement for the Congressional Record, US Congressman John Lewis February 26, 2004 - National Disabilities Day
