We As One
Discrimination on the ground of disability is unlawful People are entitled to equal consideration for jobs regardless of whether or not they have a disability. The Disability Discrimination Ordinance (DDO) provides that discrimination on the ground of disability is unlawful. Under the DDO, employers are not allowed to discriminate against persons with a disability, in respect of a particular job, except in the following circumstances:
Exception where absence of a disability is a GOQ Given the general rule that discrimination on the ground of disability in employment is not allowed, the DDO recognises that, for certain jobs, absence of a disability is a GOQ. In respect of such jobs it is not unlawful for the employer to discriminate against persons with the disability as regards to whom they offer employment, promotion, transfer or training.
In what circumstances is absence of a disability a GOQ? The DDO prescribes two situations where being a person without a disability is a GOQ for a job:
Before concluding that a person with a disability would be unable to carry out the inherent requirements of a particular job, the employer should consider whether the conclusion would be different if some reasonable accommodation* was provided to the person. If so, the employer should provide such accommodation, unless this would result in an unjustifiable hardship*. In the latter case the employer would not be required to employ or retain the person. What needs to be considered in determining if a person can carry out the inherent requirements of a job? In determining whether or not a person with a disability can carry out the inherent requirements of a job, an employer is required to take into account: