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