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s 23

Exception—adjustments for person or employee with a disability not reasonable

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Part 4When is discrimination prohibited?
Division 1Discrimination in employment

23 Exception—adjustments for person or employee with a disability not reasonable

An employer may discriminate against a person or an employee on the basis of the person's or employee's disability in any of the areas specified in section 16 or 18 if—

(a)

the person or employee requires adjustments in order to perform the genuine and reasonable requirements of the employment; and

(b)

in the case of a person to whom section 20 applies, the employer has complied with that section; and

(c)

in any case, either—

(i)

the adjustments are not reasonable adjustments, having regard to the facts and circumstances set out in section 20(3); or

(ii)

the person or employee could not or cannot adequately perform the genuine and reasonable requirements of the employment even after the adjustments are made, having regard to the facts and circumstances set out in section 20(4).

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