(e) Genuine occupational requirements
Certain state and territory antidiscrimination laws also contain separate
provisions which apply if having a disability
is a genuine occupational qualification or
requirement for a particular job.26 In
general, the concept of ‘genuine
occupational qualification’ permits
discrimination when employing someone
because of an overriding consideration in
the performance of the job.27 It identifies
what the character of the work is such that it
is better or preferably done by someone
with a particular attribute, including for
reasons of empathy or authenticity.28
If the genuine occupational requirement
provision does apply to the particular
position, it is recommended that in
advertisements for the position, the
employer include prominent wording to the
effect that:
‘[Name of employer] considers that
having a disability is a genuine
occupational requirement for this
position under [insert relevant
provisions]’.
Note, however, that the federal Disability
Discrimination Act does not include an
exception for genuine occupational
For example, this may include roles that
requirements.29 This means that even if
provide persons with a particular disability
having a disability is a genuine occupational
with services for the purpose of promoting
requirement for a position, an employer will
their welfare, where those services are most
still need to satisfy itself, and be prepared to
effectively provided by a person with the
demonstrate that recruitment for this
same disability. A company may create the
position also meets the criteria for a special
position to be performed by a person with
measure (set out in Part 4 of the Guidelines)
disability to provide support and
in order to comply with the Disability
information to service users who are
Discrimination Act.
themselves people with disability.
The wording and scope of the genuine
occupational requirement provisions vary
across each state and territory. Employers
will need to check the wording of the law in
the state and/or territory in which they
operate to see if the jobs they intend to
advertise would fall within the provision (see
Table 1 at Part 3.3 below).
Guidelines for the targeted recruitment of people with disability | 25