Identifying as a person with disability in the workplace
Understand when to disclose a disability to employers and how disclosure decisions affect your workplace rights, opportunities and employment relationship.
Overview
This guide provides information on:
- whether you have an obligation to share information about your disability with an employer or potential employer
- why you may want to share information about your disability with your employer or potential employer
- why an employer may ask about your disability
- what an employer can and cannot ask about your disability
- requesting reasonable adjustments in the workplace.
1. Do you have a legal obligation to tell employers about your disability?
People with disability are a diverse group, and the ways their disability affects their lives are unique to each person.
The decision to tell others about your disability is up to you. In most circumstances, you do not have to share information about your disability with your employer or potential employer.
However, if you are applying for a job and your disability means that you are unable to carry out the inherent requirements of the job without reasonable adjustments being made to accommodate your disability, then you should tell the employer.
For example, if the job requires heavy lifting and you suffer from chronic back pain, you should let the employer know that you have a disability so they can consider ways to support you or customise certain requirements of the role.
You can find further information on job customisation in the IncludeAbility guide on Customising a job for a person with disability.
If an employer terminates an employee because they cannot perform the inherent requirements of the role, even if reasonable adjustments are made, this may not constitute unlawful discrimination.[1] However, the employer must prove this.
For more information on reasonable adjustments and how to request them, see Section 6.
The nature of disability is deeply personal and people with disability are diverse. The decision to identify as a person with disability can be difficult and, in most circumstances, you do not have an obligation to share information about your disability with your employer or potential employer. Information about your disability is private and the decision to tell others is up to you.
However, if you are applying for a job and your disability means that you are unable to carry out the inherent requirements of the job without reasonable adjustments being made to accommodate your disability, then you should tell the employer. For example, if the job requires heavy lifting and you suffer from chronic back pain, you should let the employer know that you have a disability so they can consider ways to support you or customise certain requirements of the role.
You can find further information on job customisation in the IncludeAbility guide on Customising a job for a person with disability.
If an employer terminated an employee’s position because they could not perform the inherent requirements of the role, even if reasonable adjustments were made, this would not constitute unlawful discrimination.[2]
Understanding 'inherent requirements'
The Disability Discrimination Act 1992(Cth)does not define ‘inherent requirements’ but it can be understood as the qualifications, skills, tasks, and the way in which tasks must be performed, that are essential for the role. These are influenced by the nature of the employing organisation. An employee must be able to perform these requirements safely.[2]
Section 21A(2) of the Disability Discrimination Act states that when assessing someone’s ability to carry out the inherent requirements of a particular role or job, the following must be considered:
- the person’s past training, qualifications and experience relevant to the particular employment
- the person’s performance as an employee
- vany other factor that it is reasonable to take into account.
2. Why you may want to share information about your disability
Sharing information about disability is a personal decision.
People with disability may choose not to share information about their disability with an employer because:
- they may feel the information is private and does not affect their ability to do the job
- they do not require any workplace adjustments or supports
- they have experienced discrimination, harassment or reduced opportunities when they have shared this information in the past
- they are worried about discrimination or harassment occurring.
However, there are several reasons why it can be beneficial to share information about your disability with your employer or a potential employer.
(a) You require reasonable adjustments in your work
By law, employers must provide employees with disability with reasonable adjustments, as failing to make reasonable adjustments may amount to discrimination.
Reasonable adjustments
Reasonable adjustments are administrative, environmental or procedural changes made at work to ensure employees with disability can perform their roles and participate in employment on an equal basis with others, without barriers. They are sometimes referred to as workplace adjustments or reasonable accommodations.
An employer is excused from making reasonable adjustments in limited situations, such as when, even with reasonable adjustments, the employee is unable to carry out the inherent requirements of their role. An employer may also refuse to provide reasonable adjustments if it would impose an unjustifiable hardship on the employer. What constitutes an unjustifiable hardship depends on the circumstances at the time, including any benefit or detriment to any person and the costs involved.
An employer may need to know information about your disability to understand what adjustments to make so you can work safely and effectively.
In these instances, you only need to provide information on the adjustments you require, not your disability or impairment. See Section 6 for more information on requesting reasonable adjustments.
(b) You require reasonable adjustments in a recruitment process
If you are applying for a new role, you may wish to let the employer know you have a disability. This allows you to request reasonable adjustments in the interview and recruitment process. If you get the role, this ensures reasonable adjustments are provided when you begin working.
(c) Your needs have changed, or you have acquired a disability
Some forms of disability can progress over time. Alternatively, some people acquire a disability while employed. If this is your situation, you may wish to share this with your employer so they can arrange relevant adjustments and support.
(d) Something has changed in your work or workplace
The tasks involved in your role, the accessibility of the building you work in, or something else may have changed at work which now means you require additional or different support or adjustments.
(e) You might prefer to be open about your disability
Some people choose to be open about their disability. This could be because they have a visible disability. Some people share information about their disability because it is an important part of their identity. It can also contribute to the strengths and skills that they bring to their role.
Sharing information about your disability can be away of promoting positive and inclusive attitudes towards disability in the workplace.
Tip
If you decide to share information about your disability with your employer, you don’t need to do it alone! If you feel anxious and would like additional support, you can ask a colleague or friend to attend the meeting with you. You can also contact JobAccess to discuss support options that are available to you.
Remember that 5.5 million Australians identify as having a disability. The person you are speaking to may have a disability themselves, or a close friend or family member with disability.
3. Why an employer might ask you about disability
An employer may ask you information about your disability in the recruitment process or when you are in a role to help them understand:
- what workplace adjustments and supports you might need to fulfil your role
- ways to make sure the workplace is safe for you and others.
An employer may also ask whether you have a disability:
- to better understand the demographics and diversity of their workforce
- to ensure they are providing a safe and inclusive workplace for all their employees.
An employer may directly ask you if you identify as a person with disability in the same way that they ask about other personal attributes (for example, your age, gender and ethnicity).
This question may arise in several ways, including:
- on a form or in an interview during the recruitment stage
- in a yearly employee satisfaction survey
- during a wellbeing or performance review with a manager.
Organisations can use data about their workforce to help guide and support their diversity and inclusion strategies. For instance, an employer’s strategy may include the following goals:
- to increase the representation of senior leaders with disability
- to provide targeted graduate programs for employees with disability
- to develop an affirmative recruitment policy.
Collecting data on the number of people with disability in their workforce can help organisations to measure their progress and refine their approach to reaching these goals.
Tip
If you have been with your employer for some time and are disclosing your disability for the first time, it may be helpful to explain why you are choosing to share this information now instead of earlier.
For example:
- your disability has changed, and it has only recently started to affect your work
- your work has changed and you feel like it is the right time to ask for some support to do your job
- you have only just become comfortable talking about your disability.
You should pick a time and place where you feel most at ease to have this conversation. For example, you might like to arrange a casual catch-up meeting with your manager over a coffee or share this information in a periodic review with a human resources representative.
Sharing information about your psychosocial disability or mental health condition
Explore this ‘pros and cons’ tool to help you weigh up whether you would like to share information about your mental health with your employer.
Case Study - Building Shared Ways of Working
Jeremiah has multiple psychosocial disabilities. He had what he described as “a meltdown” in front of his team during a meeting and left abruptly.
Jeremiah had shared information about his disability with his manager, Nikita. Nikita privately checked in with Jeremiah after the meeting. As a way of supporting him better, Nikita decided to have a teambuilding session called “Ways of Working.”
The team co-developed questions about their working and communication styles that they would all feel comfortable discussing in a team environment. This workshop resulted in a group discussion on different things that affect team members. The discussion enabled Jeremiah to explain his boundaries and work requirements. He was surprised to discover that some of his colleagues, who don’t consider themselves to have disability, had similar needs to his own.
After the session, Jeremiah felt like his colleagues and Nikita clearly understood his needs and how to support him. This is a good example of how a manager can use their knowledge of someone’s disability to provide them with workplace adjustments without singling them out.
4. What questions can your employer ask?
It is unlawful for an employer to ask you anything relating to your personal attributes, such as sex, age, or disability, when assessing your ability to do a job, if those questions are unrelated to the position you are applying for.[3]
If you do decide you want to share information about your disability with your employer or potential employer, it is helpful to understand what they can and cannot ask you about.
The following guidance hass been adapted from the JobAccess guide to ‘Interviewing People with Disability’.[4]
Employers can:
- Ask questions about how your disability relates to doing the job and working safely.
- Ask how you think the workplace could be changed or improved to help you do the job.
- Ask about how work hours or rosters could be changed to help you perform better in the role.
- Ask questions about keeping the workplace safe for you and everyone else.
- Ask whether you take any medications which might make it unsafe for you to perform any tasks involved in the job.
- Ask if there is any information or awareness training you would like provided to your colleagues about your disability.
Employers cannot:
- Ask you personal questions about your lifestyle or how you manage your disability.
- Ask you general questions about your health or about your disability.
- Ask how many times per year you go to the doctor or what the doctor says to you in those appointments.
- Treat you differently or less favourably because you have a disability.
- Ask whether you take lots of medication for your disability or illness.
- Tell others about your disability without asking you first.
My disability has had a greater impact on my life in the last 10 years. It’s progressive, and my hearing loss has come on more, but I also feel more secure because I’m now well into my career.
However, in prior employment I did not disclose my disability up front for fear of how that might affect my chances of gaining a job. How my disability affects me is also not always pleasant to speak about. At one point, I was hospitalised with complications of my Spina Bifida Oculta only six weeks after starting a job with a government agency. I recall stressing about telling them what was going on and feeling extremely guilty for taking time off so soon after being employed, even though I was needing urgent medical care. I was worried I was letting people down and that people might see me as lazy, especially because I have an 'invisible disability'.
We all need to remember that disability, injury or illness can happen to anyone at any time, and that everyone deserves access to workplace support if they need it. If you feel safe and supported to identify your disability to your employer they can help provide the adjustments you need.
5. Requesting reasonable adjustments in the workplace
You may need to ask for some adjustments to enable you to do your job.
The Disability Discrimination Act refers to these as reasonable adjustments.[5] Some employers may also refer to them as reasonable accommodations or workplace adjustments.
Many employers will ask whether you require any adjustments as a matter of course during the job application or interview process. This is to ensure that you are provided with the right support to apply for the job, move through the recruitment process and, if you are successful in securing the role, to help set you up for success in your new job.
Reasonable adjustments in the workplace could include:
- changes to the interview and application process (for example, asking for a one-on-one interview if you find you get anxious in big groups and you know that the recruitment process includes a group interview)
- flexible work arrangements (for example, flexible start or finish times, or remote access)
- job customisation (for example, altering range of duties or procedural changes to tasks)
- training (for example, receiving some one-to-one assistance on how to use online tools or platforms)
- providing essential information in suitable formats (for example, braille, easy-read versions, audio transcriptions)
- equipment modification, specialised equipment, furniture or work-related aids (for example, screen reader technology, headphones, adjustable desks)
- alterations to premises or work areas (for example, widening paths, doorways, visual and auditory emergency warnings).
Support at work can also include information sessions or disability awareness training for your manager, team and colleagues.
Case Study - Reasonable Adjustments
Jo is a young woman who is Deaf. Jo uses Auslan to communicate.
Jo recently applied for an administration role in a busy legal team with a large corporate employer.
At the interview, Jo asked for an Auslan interpreter to be arranged so she could participate in the interview.
The employer was impressed with Jo’s previous experience and offered her the role. They asked her what support she needed to do the job and ensured this was in place before her first day.
Jo indicated the things that would help her at work would be:
- A mirror on her desk so she could see people approaching her from behind.
- A portable flashing fire alarm that she could move with her around the office in the case of an emergency.
- Access to an Auslan interpreter for team meetings and other critical meetings where she did not want to miss out on key information.
- Deaf awareness training for her team and the people around her on her floor at work.
During the training, Jo’s team learned some basic Auslan signs like ‘hello’ and ‘good morning’. This created a welcoming environment and helped Jo settle into the team.
Jo has now been successfully working in her role for over five years, and is a valued member of her team. She feels welcome and included in all aspects of her workplace.
The support Jo needed to secure and carry out her role was minimal and low cost. Most of the supports that Jo uses in the workplace are funded through the federal government’s Employee Assistance Fund.
Endnotes
[1] Disability Discrimination Act 1992 (Cth) s 21A.
[2] Attorney-General’s Department, Australian Government (2025), Disability Discrimination Act 1992 Review – Issues Paper, 18.
[3] Australian Government Job Access, Interview people with disability (Web page, 2020).
[4] Disability Discrimination Act 1992 (Cth) s 4.
[5] Australian Federation of Disability Organisations (afdo.org.au) - What are Reasonable Adjustments?
