Can an employer ask questions about a persons disability?
Yes. Discussion, questions and examinations regarding a person’s disability and its effects may be legitimate, necessary and desirable in many cases, for example • to determine whether a person can perform inherent job requirements • to identify any reasonable adjustments required, in selection for employment or in the performance of work • to establish rights and obligations regarding superannuation, workers’ compensation and other insurance. The Commission considers that discouraging, or unnecessarily restricting, discussion or inquiries regarding a person’s disability in these or other legitimate work related respects would be damaging to effective equality of opportunity and thus would be contrary to the objects of the D.D.A. as well as presenting difficulties for employers. The Commission does not interpret the D.D.A. as having this effect. This does not mean, however, that every disability related inquiry should be accepted as permitted or desirable. Inappropriate questions or ex
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