It is Unlawful for an Employer to Discriminate Against a Disabled Person:
It is unlawful for an employer to discriminate against a person with a disability when making hiring decisions.
It is unlawful for an employer to discriminate against a person with a disability when making decisions related to promotional opportunities, transfer, training or receiving any other benefit. It is also unlawful to discriminate by refusing the employee such opportunities, or by dismissing or subjecting them to any other disadvantage.
Meaning of Discrimination:
For the purpose of this act, an employer discriminates against a person with a disability because of a reason specifically related to their disability. The employer treats the employee less favourably than they treat, or would treat, others, and they cannot show that the treatment in question is justified.
Duty of Employer to Make Adjustments:
Where any arrangements made by, or on behalf of, an employer, or any physical feature of premises occupied by the employer, place the person with a disability concerned at a substantial disadvantage, in comparison with persons who are not disabled, it is the duty of the employer to take reasonable steps to prevent the arrangements or feature having that effect.
Examples of the steps that an employer may be required to take in relation to a employee with a disability are: making adjustments to the premises, allocating some of that person's duties to another person, altering the working hours and assigning the employee a different place at work.
Where a Duty is Not Imposed on an Employer:
Nothing in this section imposes any duty on an employer in relation to a person with a disability if the employer does not know, and could not reasonably be expected to know, in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the employment.
Subject to the provisions placed on the employer, they are not required to treat a person with a disability more favourably than he treats, or would treat, others.
Enforcement, Remedies, and Procedure:
Any complaint by a person, which another person has discriminated against him in an unlawful way, may be presented in an industrial tribunal.