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2018-11-07

The complainant has a knee injury and applied for a role with the respondent law enforcement agency. He passed the relevant physical capacity tests but claimed his application was not progressed following a pre-employment medical assessment. The complainant alleged the agency mistakenly formed the view that he would not be able to perform the inherent requirements of the role.

The law enforcement agency claimed that prolonged standing, bending and squatting were inherent requirements of the role and that a pre-employment medical assessment concluded the complainant would be unable to safely perform these requirements.

The complaint was resolved with an agreement that the complainant would reapply for the position. It was agreed the pre-employment medical assessment would be conducted by an independent orthopaedic surgeon and a new decision maker would be appointed to assess the complainant’s suitability to perform the inherent requirements of the position.

Year

Discrimination type
Disability Discrimination Act

Grounds
Disability

Areas
Employment

Outcome details

Other opportunity provided

Amount