You and employment
All employers must follow the laws laid out in the Human Rights Act 1993.
How does the Act protect me?
If you are equally qualified for a job an employer cannot:
- refuse or omit to employ you
- offer less favourable employment terms
- disadvantage you in terms of training, promotion or transfer
- unjustly end your contract or force you to resign or retire.
In addition, job ads or pre-interviews cannot infer discrimination.
For example: job ads frequently say, "driver's licence essential". In most cases you could manage driving tasks in some other way, e.g. by taxi, courier or public transport.
The Act also says that an employer should, if reasonable, assign to another employee the particular duties you cannot do. This may include driving. You almost certainly won't be successful in applying to be a courier or taxi driver but don't be put off other possible jobs because you can't drive.
What defences can an employer use?
If employing you would:
1. place unreasonable burdens on the employer, or
2. endanger either your safety or their employees' safety,
then an employer can legally refuse to offer you the job.
However, the employer must first (a) demonstrate that they have
investigated all possible and reasonable means of adapting the job or
working environment to suit you; (b) show there are no reasonable
measures they could take to make the workplace as safe for you as it is
for any other employee.
Where can I go for more help?
The Human Rights Commission and the Employment Relations Service deal with discrimination in the workplace. You can take a case to either, but not both at the same time. See contact details.