Providing equal employment opportunities
Under the Disability Discrimination Act 1992 (Cth), it is illegal for an employer to discriminate against someone on the grounds of disability – including a mental health condition.
This means you, as an employer, must offer equal employment opportunities to someone with a mental health condition. If a person can fulfil the ‘inherent requirements’ of the job, he or she should have just as much chance to do that job as anyone else. These inherent requirements will be different for each role and include the ability to perform core tasks, work effectively with the team and work safely.
These laws against discrimination apply:
- during the recruitment process, including advertising, interviewing and other selection procedures
- in deciding who will get the job
- when negotiating terms and conditions of employment, such as pay rates, work hours and leave
- in determining promotion, transfer, training and other benefits associated with employment
- in the dismissal, demotion or retrenchment process.
These laws also apply to contractors and parties to a partnership agreement. They govern the actions of employers, employment agencies, federally-registered trade unions and bodies with control over professional, trade or occupational qualifications.