Recruitment Referrals

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Two Sections of the Act apply to contract workers and agencies. Click the image for a link to a downloadable version of the full document.

17 Discrimination against contract workers

It is unlawful for a principal to discriminate against a contract

worker on the ground of the contract worker’s disability:

  (a) in the terms or conditions on which the principal allows the

        contract worker to work; or

  (b) by not allowing the contract worker to work or continue to

        work; or

  (c) by denying the contract worker access, or limiting the

        contract worker’s access, to any benefit associated with the

        work in respect of which the contract with the employer is

        made; or

  (d) by subjecting the contract worker to any other detriment.

21 Employment agencies

(1) It is unlawful for an employment agency to discriminate against a

person on the ground of the person’s disability:

  (a) by refusing to provide the person with any of its services; or

  (b) in the terms or conditions on which it offers to provide the

        person with any of its services; or

  (c) in the manner in which it provides the person with any of its

        services.

(2) This Part does not require an employment agency to ensure that an

employer complies with this Act.

(3) Subsection (2) does not affect the operation of section 122 (which

applies if an employment agency causes, instructs, induces, aids or

permits an employer to do an unlawful act).

Some exemptions apply, particularly in the case where a party is unable to accommodate the requirements of the disabled person when it will cause significant financial hardship to the organisation or have a negative impact on other employees.

It is time to dispel the myth that applicants with disabilities are not included in mainstream recruiting. While many job seekers can benefit from assistance from government funded Inclusive Employment Australia (formally DES), those seeking roles in industries specific to their experience and qualifications may choose to search and apply for positions advertised by mainstream agencies.

The Disability Discrimination Act 1992 requires employers to consider applications from persons with disabilities, like any other applicant. If requested, agencies must provide adjustments during the interview and recruitment process. If the candidate is successful, he employer must provide workplace adjustments, if required and requested by the employee. 

Engagement with recruiters resulted in a perspective that there isn't a need to assist candidates with disabilities. This could either be because:

    1.  They have not shared information relating to the disability for fear of missing

         out on opportunities

    2. They have used the services of an IEA/DES provider

It would be unreasonable to expect all recruitment consultants to have knowledge of how to arrange interview and workplace adjustments, and how to manage adjustments that cannot reasonably be provided. Specific knowledge is required to juggle the needs of the candidate and gathering supporting evidence while protecting their privacy and satisfying the requirements of the Disability Discrimination Act 1992.

Under the Disability Discrimination Act 1992, contractors and temporary staff have the same rights as other employees. The law requires agencies to consider applications from persons with disabilities, like any other applicant. If requested, they must provide adjustments during the interview and during their placement with the client. Rejecting qualified and experienced applicants based on their disability may be illegal. 

Engagement with recruiters resulted in a perspective that there isn't a need to assist candidates with disabilities. This could either be because:

    1.  They have not shared infomation relating to the disability for fear of missing    out on opportunities

    2. They have used the services of an IEA/DES provider

It would be unreasonable to expect all recruitment consultants to have knowledge of how to arrange interview and workplace adjustments, and how to manage adjustments that cannot reasonably be provided. Specific knowledge is required to juggle the needs of the candidate and gathering supporting evidence while protecting their privacy and satisfying the requirements of the Disability Discrimination Act 1992.

Some clients will ask the new contractor or temporary worker to commence in their role without workplace adjustments already in place. This is a common scenario, with no consideration for he needs of the person who cannot choose to stop being disabled while adjustments are arranged. They need to be in place on day one of the assignment.

A referral to John Badwater will remove the requirement of creating a workplace adjustment agreement through which the employer will be able to provide adjustments tailored to the individual needs of the employee. Referrals are only accepted with the consent of the candidate or employee and fees are payable by the agency or employer. 

John Badwater will support the candidate or employee to determine what adjustments they need, and develop an initial workplace adjustment agreement, to be presented to the employer for consideration. If the employer requires supporting information, John Badwater will work with the candidate/employee to gather this information in a format that relates only to the adjustment requested and does not include specific diagnostic or other information that could be considered a legal medical record. 

John Badwater will provide advice to the employer regarding the possibility of funding for adjustments through the Federal Government's Work Assist program.

Once the workplace adjustment agreement is finalised, John Badwater will arrange ensure that both parties sign it, that the original document is sent to the employee and the employer's copy is filed in a suitable manner. If the employer is unable to provide suitable, secure and limited, storage, only a redacted version of the document will be made available to the employer.

All correspondence relating to the workplace adjustment agreement will be handled by Halaxy clinical application, which is encrypted and has secure servers in Australia. With their consent, John Badwater will follow up with the employee three months following the signing date of the workplace adjustment agreement, and nine months after. During that period, the employee and employer may contact John Badwater to discuss any issues or amendments to the agreement. However, no amendments to the document may be made without the written permission of the employee. 

All parties to the workplace adjustment agreement will agree that they are responsible for the content of the document, on signing, and that no liability may be placed on John Badwater Consulting for non-delivery by the employer, or any adverse event that can be attributed to the content.

For more information, use the contact form via the button below.