Home - Are prospective employees entitled to reasonable adjustments?
September 17, 2019 on chapter Discrimination

I understand that an eligible employee needs to be employed for 12 months prior to requesting a flexible work arrangement. However, how does that impact the situation in a recruitment process when a candidate with a disability applies for a role and requests a reasonable adjustment?

Flexible work arrangements and the right to request your employer to make reasonable adjustments to accommodate a disability are two separate legal entitlements.

As you correctly note, an employee has the right under the Fair Work Act 2009 (Cth) (FW Act) to request a flexible work arrangement after they have been continuously employed by the same employer for 12 months. The request must be due to certain circumstances listed in the FW Act, one of which is that the employee has a disability.

Under the Equal Opportunity Act 2010 (Vic), employers must make reasonable adjustments for any person with an impairment to whom they have offered a job who requires adjustments in order to perform the genuine and reasonable requirements of the job. An impairment is defined in s 4 of the Act, and includes any physical, mental or psychological disability.

Unlike the right to request a flexible work arrangement, no minimum amount of continuous service applies.

Note also that is also unlawful discrimination to elect not to offer employment to an applicant because they have a disability.

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