Employment based on disabilities, access to public places

A person may discriminate in employment against or in favour of someone with a disability if:

  • the prospective employee is unable to carry out the inherent requirements of the job
  • or they would require services or facilities applicants without disabilities do not require, and providing them would impose unjustifiable hardship on the employer
  • a person with a disability is required for a dramatic performance or entertainment, or as an artist's or photographic model in production of works of art or visual images requiring a person with a particular disability to make it authentic
  • a person with a disability can best provide the services required for promoting the welfare of persons with disabilities

Unjustifiable hardship can be used to support an exemption from providing access to public places or services. The onus is on the party wanting the exemption.