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Discrimination occurs when a disabled person is treated less favourably than someone else and:
"¨ the treatment is given for a reason relating to the person¡¦s disability
and that reason does not apply to the other person, and
"¨ this treatment cannot be justified.
Employers must not discriminate against a disabled person in:
"¨ recruitment and retention of employees
"¨ promotion and transfers
"¨ training and development
"¨ the dismissal process.
"¶ When less favourable treatment is justified
Employers can only justify less favourable treatment towards a disabled person
if: "¨ such treatment is relevant to the circumstances of the individual case
"¨ the reason for the treatment is a substantial one. A minor or trivial reason would not count as substantial.
Example: An employer could not justify refusing to promote an employee who uses a wheelchair, solely because that person¡¦s new work station would not be wheelchair accessible, if by easily rearranging the furniture the work station could be made accessible.
Example: An employer requires a typist with a particular typing speed, and someone with arthritis in their hands applies for the job, but their typing speed is too slow. The employer must consider whether any reasonable adjustment could be made. If no, the employer would be justified in not employing that person.
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