Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 22

Exception-special services or facilities

22. Exception-special services or facilities



(1) An employer may discriminate against another person on the basis of
impairment in any of the areas specified in section 13 or 14 if-

   (a)  in order to perform the genuine and reasonable requirements of the
        employment-

   (i)  the other person requires or would require special services or
        facilities; and

   (ii) it is not reasonable in the circumstances for those special services
        or facilities to be provided; or

   (b)  the other person cannot or could not adequately perform the genuine
        and reasonable requirements of the employment even after the provision
        of special services or facilities.

(2) In determining whether or not a person can or could adequately perform the
requirements of the employment, all relevant factors and circumstances must be
considered, including-

   (a)  the person's training, qualifications and experience;

   (b)  the person's current performance in the employment, if applicable.