(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