To achieve the full benefits, a multi-faceted
focus on the recruitment, retention and
What is a special measure?
advancement of employees with disability
A ‘special measure’4 is a positive action
is critical to achieving strong employment
taken to promote equality for a group of
outcomes for individuals, employers and the
people with a protected attribute, such as
community as a whole.
disability, in order to overcome the
As part of broader comprehensive employer
strategies to achieve greater workforce
diversity, targeted recruitment strategies are
crucial to addressing the discrimination and
attitudinal, systemic, and structural barriers
faced by people with disability in securing
work opportunities. They are also key to
entrenched disadvantage that the people in
that group face. It may be an act that is
intended to ensure equality of opportunity
for the group or to meet their special needs.
Special measures are sometimes described
as acts of ‘positive discrimination’ or
‘affirmative action’.
achieving inclusive workplaces and
A targeted recruitment strategy can be an
communities.
example of a special measure, provided that
it meets the legislative requirements of a
What is a targeted recruitment
strategy?
‘special measure’ under the Disability
Under a targeted recruitment strategy,
If a program like a targeted recruitment
employers target their recruitment of roles
towards people with disability (or a
particular disability), for example to increase
equality, or for roles which are themselves
directed to meeting the special needs3 of
people with disability (or a particular
disability).
Discrimination Act and applicable state or
territory anti-discrimination law provisions.
strategy is a special measure, then it does
not amount to unlawful discrimination
under federal, state or territory antidiscrimination law. However, there is no
‘special measure’ provision in the relevant
New South Wales (NSW) law. In some
circumstances, employers may have to
apply for a statutory exemption to comply
with NSW law.
Guidelines for the targeted recruitment of people with disability | 10