Prohibition of disability discrimination Part 2 Discrimination in work Division 1 Section 21A (c) in the manner in which it provides the person with any of its services. (2) This Part does not require an employment agency to ensure that an employer complies with this Act. (3) Subsection (2) does not affect the operation of section 122 (which applies if an employment agency causes, instructs, induces, aids or permits an employer to do an unlawful act). 21A Exception—inherent requirements Inherent requirements (1) This Division does not render it unlawful for a person (the discriminator) to discriminate against another person (the aggrieved person) on the ground of a disability of the aggrieved person if: (a) the discrimination relates to particular work (including promotion or transfer to particular work); and (b) because of the disability, the aggrieved person would be unable to carry out the inherent requirements of the particular work, even if the relevant employer, principal or partnership made reasonable adjustments for the aggrieved person. (2) For the purposes of paragraph (1)(b), the following factors are to be taken into account in determining whether the aggrieved person would be able to carry out the inherent requirements of the particular work: (a) the aggrieved person’s past training, qualifications and experience relevant to the particular work; (b) if the aggrieved person already works for the discriminator— the aggrieved person’s performance in working for the discriminator; (c) any other factor that it is reasonable to take into account. (3) For the purposes of this section, the aggrieved person works for another person if: Disability Discrimination Act 1992 Compilation No. 33 Compilation date: 12/4/18 Authorised Version C2018C00125 registered 19/04/2018 23 Registered: 19/4/18