is this correct?

Question

people cannot not employ someone because they have a disability? ..is so then what if the disability was going to affect the job?

Answer 1

You cannot discriminate against a person with a disability unless they clearly cannot do the job they are applying for.

Answer 2

Technically that is right DDA and reasonable adjustments, which can (ridiculously IMHO) include having someone to help them carry out their duties (like employing 2 for 1 job!). Most disabled people, like myself, know their own limitations and have some regard for their colleagues (with regard to expecting them to take up the slack when we have to be off etc).and don't apply for jobs that we aren't able to do without causing expense for the employer and incurring bad feeling from the rest of the workforce!

I am disabled, I'm also an ex employer and think there needs to be much more common sense employed regarding employment issues and disability! Sometimes it just isn't possible, practical or economically viable for small companies - I can accept that they have a right to make a living!

Answer 3

It's not that a company can't not employ someone, it's that they have to consider a disabled person just as much as someone who isn't (unless the job requires something that a disabled person might not necessarily be able to do, like window cleaning)

Answer 4

Oh yeah they can't NOT employ someone coz they hav a disability; thats blatant discrimination! But that is an interesting point if it were to affect the job. But i think if a disabled person or watever wanted to apply for a job; they wouldn't really apply for one they can't really work in.
But that is very interesting; so when you do get your answer i'll definately be checkin' in find out

Answer 5

No under the disability at work act, if a candidate who meets the job specification is disabled. The potential employer cannot use the disability as part of there employment decision.
The employer has to by law make the company premises as disabled friendly as possible.
Ja.

Answer 6

You cannot hire someone with an apparent disability if they are qualified to do the job. You can deny them employment based on their lack of qualifications like you could a person without any disabilities.

Answer 7

Yes it is correct - you cannot refuse to employ a disabled person simply based on their disability - you have to demonstrate that even if you take reasonable measures there would still be a detrimental effect on the job - i.e the job would or could not be done properly.
So, you could reject a blind person who wanted to work as a driving instructor, but not a blind person who wanted to work in a call centre - it is fairly easy to make reasonable adjustments to enable them to work in advice in a call centre (no data input), and you do not need to be able to see to wear a headset and talk to someone over the phone.

Answer 8

I don't think that companies are allowed to do that because it is discrimination against the disabled. They can refuse to hire someone disabled but not because they are disabled. It would have to be for a reason like they could not perform certain tasks.

Answer 9

The Americans with Disabilities Act requires employers to not discriminate if the worker can do the job "with reasonable accommodations". A number of court cases have centered on the plaintiff's and defense's attorneys debating as to what is or is not reasonable.

Answer 10

If the disability actually prevents them from doing the job. For example you wouldn't employ someone who can't walk as a Fireman.