Employment laws protect employees with disabilities from discrimination, and promote adequate workplace accessibility and accommodations. These laws align with the Human Rights Act 1993, the Employment Relations Act 2000, and the New Zealand Bill of Rights Act 1990, ensuring that disabled employees are treated fairly, and with respect.
In this article, we’ll provide a comprehensive guide to disability rights in the workplace, as well as cover legal protections, employer responsibilities, reasonable accommodations, and the rights you have as an employee.
Legal Protections for Employees with Disabilities
Employment laws provide strong protections for employees with disabilities to ensure fair treatment, equal opportunities, and accessible workplaces. The key laws protecting disabled employees include:
The Human Rights Act 1993
This Act prohibits discrimination based on personal characteristics. Under this Act, employers cannot discriminate against someone based on their disability when hiring, promoting, or providing workplace accommodations.
The Employment Relations Act 2000
This Act promotes fair, and balanced employment relationships. It requires employers to act in good faith when working with disabled employees, and ensures that any workplace decisions (such as dismissal or restructuring) are made fairly and without discrimination.
The Health and Safety at Work Act 2015
This Act requires employers to provide a safe and healthy work environment for all employees, including those with disabilities. Employers must take reasonable steps to eliminate, or minimise risks that could disproportionately affect the health and safety of disabled employees.
Protection from Discrimination in Employment
Under the Human Rights Act 1993, discrimination against employees or job applicants based on disability is illegal. Discrimination can occur at various stages of employment, including:
Hiring and Recruitment: Employers cannot refuse to hire someone solely based on their disability.
Promotion and Career Development: Employers must provide equal opportunities for career advancement.
Training and Workplace Benefits: Employees with disabilities must have equal access to training and benefits.
Dismissal and Redundancy: Terminating employment based on disability is unlawful – unless the employer can prove that reasonable accommodations would not enable the employee to perform the job.
Reasonable Accommodations for Disabled Employees
Employers in New Zealand are legally required to provide reasonable accommodations to employees with disabilities, unless doing so would cause unjustifiable hardship.
What Are Reasonable Accommodations?
Reasonable accommodations are modifications or adjustments that allow employees with disabilities to perform their job effectively. Examples include:
Physical Workplace Adjustments: Installing ramps, accessible bathrooms, adjustable desks, or ergonomic equipment.
Flexible Work Arrangements: Allowing employees to work from home, adjust their hours, or take additional breaks.
Assistive Technology: Providing screen readers, or speech-to-text software for example.
Job Restructuring: Modifying job duties to accommodate a disability, without significantly changing the role’s core functions.
Support Services: Providing a sign language interpreter, job coach, or personal assistant if required.
What is Unjustifiable Hardship?
Employers are not required to provide accommodations if they can prove that doing so would cause unjustifiable hardship, meaning it would be too costly or significantly disrupt business operations. However, employers must first explore all possible accommodations before claiming hardship.
Workplace Health and Safety for Employees with Disabilities
Under the Health and Safety at Work Act 2015, employers must ensure the health and safety of all employees, including those with disabilities. This includes:
Identifying and managing workplace risks that may impact disabled employees.
Providing necessary accommodations to ensure safety.
Offering adequate training and support to employees with disabilities.
Consulting with employees on safety measures that affect them.
Employees with disabilities also have the right to refuse unsafe work if they believe their disability puts them at a greater risk in certain situations.
Employee Rights when facing Discrimination or Workplace Issues
If you are experiencing discrimination, unfair treatment, or lack of accommodation, you have several options for resolving the issue.
Raise the Issue with Your Employer: The first step is to discuss concerns with your employer or HR department. This can often lead to a quick, and amicable resolution.
Consult an Employment Relations Specialist: Employment relations specialists can inform you of your rights, provide advice and guidance, and represent you in any proceedings.
Seek Mediation: If the issue is not resolved, mediation can be arranged for free through Employment New Zealand. Mediation can help both parties find a fair solution.
File a Personal Grievance: You are able to file a personal grievance within 90 days of an issue occurring.
File a Complaint with the Human Rights Commission (HRC): If you believe you’ve been discriminated against based on your disability, you can file a complaint with the Human Rights Commission. The HRC can investigate and work towards a resolution.
Escalate to the Employment Relations Authority (ERA): If mediation or HRC intervention does not resolve the issue, you can take your case to the Employment Relations Authority (ERA), who has the power to make legally binding decisions.
Final Thoughts
Fortunately, New Zealand’s employment laws provide strong protections for employees with disabilities, ensuring they have equal opportunities in the workplace.
Employers are legally required to provide reasonable accommodations, and prevent discrimination. Employees with disabilities should also remain aware of their rights, and the support available to them if any workplace issues arise. By promoting an inclusive working environment, businesses not only comply with the law, but also benefit from the diverse skills and perspectives that disabled employees bring!
Mahi Law can Help!
Our expert team will help you understand your employment rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required.
We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs.
Get in touch for a free consultation! You can fill out this form – or contact us at [email protected], or 0800 450 032.
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