Discrimination Prevention Policy

THIS POLICY IS UNDER REVIEW

Your rights and responsibilities.

Download a copy of this policy (PDF Format)

Contents

1. The University’s commitment to the prevention of discrimination
2. What types of discrimination are against the law?
3. What is discrimination?
4. What types of behaviour could amount to discrimination?
   4.1 Employment
   4.2 Education
   4.3 Provision of goods and services
5. What responsibility do you have to prevent discrimination at the University of Sydney?
   5.1 Managers, supervisors and academic employees
   5.2 Security Services
   5.3 All University students and employees
6. What will the University do to prevent discrimination?
7. Where to get more information or help
8. Common Questions and Answers

The University of Sydney 1999-2004 Strategic Plan sets out the University’s strategic goals and objectives. The Strategic Plan is complemented by other plans and policies, such as this Discrimination Prevention Policy, that translate those goals and objectives into practical tools for, among other things, improving the quality of the University experience of all its members, both students and staff.

At the centre of the Strategic Plan are three key values:

1. institutional autonomy, recognition of the importance of ideas, intellectual freedom to pursue critical and open inquiry, and social responsibility;
2. understanding the needs and expectations of the people that the University serves and striving constantly to improve the quality and delivery of its services and access to those services; and
3. tolerance, honesty and respect as the hallmarks of relationships throughout the University community and underpinning high standards of ethical behaviour.

Every student and employee at the University of Sydney has the right to expect from their fellow students and colleagues behaviour that reflects these key values. In particular, every student and employee has a right to study or work in an environment that is free from discrimination, a right to be treated with dignity and respect, regardless of their background, beliefs or culture.

Discrimination is not tolerated at the University of Sydney.

All employees, students and external contractors have a responsibility to ensure that they do not promote or engage in discrimination. All managers, supervisors and academic employees are actively responsible for intervening to prevent discrimination. All students and employees have a right to use the University’s Harassment and Discrimination Resolution Procedure if they are subjected to discrimination.

Where appropriate, a breach of this policy will result in disciplinary action.

The University of Sydney is committed to eliminating discrimination from all of its campuses. Students and staff are encouraged to regard this Policy as a measure of that commitment and as a tool for promoting freedom from discrimination within their own study or work environment.

Professor Gavin Brown
Vice-Chancellor and Principal

It is generally against the law to discriminate against, or be subjected to discrimination by:

1. another employee or student;
2. a customer or client;
3. an applicant for a job or admission as a student; or
4. any other visitor to the University, including external contractors;

on the ground of their/your:

1. sex;
2. race (including colour, descent, nationality, ethnic and ethno-religious background or national origin);
3. disability (physical, intellectual, mental or psychiatric, whether past, present or future);
4. marital status;
5. pregnancy (including potential pregnancy);
6. transgender;
7. sexual preference or orientation (including homosexuality, lesbianism, bisexuality and heterosexuality);
8. age;
9. family or carers’ responsibility;
10. social origin;
11. political belief (including lack of a political belief, and lack of a particular political belief eg. trade union activity or lack of it, and student association activity or lack of it); or
12. religious belief (including lack of a religious belief and/or lack of a particular religious belief).

This includes actual and perceived (imputed) race, sexuality, disability etc. The following anti-discrimination laws apply to the University community:

1. Anti-Discrimination Act 1977 (NSW)
2. Racial Discrimination Act 1975 (Cth)
3. Sex Discrimination Act 1984 (Cth)
4. Disability Discrimination Act 1992 (Cth)
5. Human Rights and Equal Opportunity Commission Act 1986 (Cth)

Discrimination is any practice that makes a distinction between individuals or groups so as to disadvantage some people and advantage others. Discrimination may be ‘direct’ or ‘indirect’.

Direct discrimination?

‘Direct’ discrimination is treating a person less favourably, because of their sex, race, disability etc, than a person without that characteristic is treated in the same or similar circumstances. For example, a selection committee decides not to appoint a young woman on the ground that she may in the future become pregnant and want to take maternity leave. This would be ‘direct’ discrimination on the ground of potential pregnancy.

Indirect discrimination?

‘Indirect’ discrimination results when a requirement, rule, policy or practice that appears to treat everyone the same, has a disproportionately unfair impact on particular people or groups of people when it is applied. For example, all lectures in a given subject are held in a lecture theatre that can be reached only by climbing several stairs. Another lecture theatre is available and is accessible from ground level or by lift. A student taking that subject uses a wheelchair. This would be ‘indirect’ discrimination on the ground of disability.

There are many types of behaviour, practices and policies that can amount to discrimination. It is unlawful to discriminate against a person or a group of people on the ground of their sex, race, disability etc, in most areas of University life, including:

• employment (including selection processes, the terms and conditions of employment, rates of remuneration and termination of employment);
• education (including enrolment, the provision of education benefits and suspension or expulsion); and
• the provision of goods, services and facilities.

Below are some examples of the types of behaviour, practices and policies that could amount to discrimination in these areas. Please note that these examples are not exhaustive.

Depending on the circumstances, any of the following types of behaviour, practices and policies could amount to discrimination in employment:

Direct Discrimination

• advertising an academic or general staff position that restricts applications to people of a certain age, race, sex, marital status etc. (unless this is required in order to carry out the essential requirements of the job)
• including in advertised selection criteria a requirement that applicants have post-secondary school education where such education is not required in order to carry out the essential requirements of the job, or where ‘equivalent experience’ would be of equal value
• asking a person questions about their race, sex, disability etc, during an interview, where the answers to those questions are not directly relevant to the question of whether that person is able to meet the selection criteria for the job
• declining to offer a person employment because of their race, sex, disability etc.
• declining to offer someone employment because their partner, spouse or relative is already a member of the Faculty or Department
• offering employment on less favourable terms and conditions than those on which employment is offered to someone who is not of that race or sex, or does not have that disability etc.
• restricting a person’s access to promotion, leave, training and development, travel grants, research grants, special studies and/or other employment benefits because of their race, sex, disability etc.
• preventing an employee from returning to her former position and/or assuming her former duties after returning from maternity leave
• dismissing someone, or declining to renew their contract, because of their race, sex, disability etc,

Indirect Discrimination

• including in an advertisement for an academic or general staff position a requirement that applicants have a minimum of ‘x’ years of experience
• requiring all applicants for an advertised position to speak and understand English fluently, where fluency in English is not required in order to carry out the essential requirements of the job
• regularly holding Departmental planning meetings, information sessions or other important meetings before 9am or after 5pm when people with carers’ responsibilities are less likely to be able to attend
• failing to comply with a reasonable request from an employee to return to work after maternity leave on a part-time basis
• in the provision of benefits, giving preference to employees who have been in ‘continuous’ and/or ‘full time’ employment with the University for the longest period of time
• refusing to recognise overseas work experience in determining an employee’s position classification
• failing to make reasonable adjustments to a work place or job description to accommodate the needs of a person with a disability (unless the person is unable to carry out the essential requirements of the job)

Depending on the circumstances, any of the following types of behaviour, practices and policies could amount to discrimination in education:

Direct discrimination

1. declining to enrol a future student in a course or subject because of their race, sex, disability etc.
2. enrolling a student on less favourable terms and conditions than those on which students who are not of that race or sex, or do not have that disability etc, are enrolled
3. restricting a student’s access to lectures, tutorials, one-on-one tuition, scholarships, library resources, information technology, counselling and/or other student services because of their race, sex, disability etc
4. expelling or suspending a student because of their race, sex, disability etc
5. restricting access to clubs and societies on the ground of a student’s race, sex, disability etc

Indirect discrimination

1. failing to make reasonable adjustments to a course, curriculum or assessment process that would facilitate the participation of a student with a disability
2. failing to provide a supplementary examination or make reasonable adjustments to an examination timetable that would accommodate the needs of a student who is pregnant, has a temporary disability, or who is required to participate in a religious or cultural day of significance on the same day as an exam
3. regularly requiring students to attend compulsory classes or assessments before 9am or after 5pm when people with carers’ responsibilities are less likely to be able to attend

Depending on the circumstances any of the following types of behaviour, practices and policies could amount to discrimination in the provision of goods and services:

1. Refusing to sell, hire or lease University goods and services to a person or group of people because of their sex, race, disability etc.
2. Selling, hiring or leasing University goods and services on less favourable terms and conditions than those on which people who are not of that race or sex, or do not have that disability etc, buy, hire or lease

All managers, supervisors and academic employees must make every reasonable effort to prevent discrimination occurring within their workplace, lectures and/or tutorials. If you are a manager, supervisor or an academic employee you must:

1. Ensure that all the people you supervise or teach know about and understand this policy.
2. Be familiar with the purpose of this policy so that you are able to respond effectively to any questions or concerns raised by the people that you supervise or teach.
3. Make it clear that you will not tolerate any discriminatory behaviour or practices from any of your students or colleagues.
4. Ensure that your work/study environment is free of sexist, racist, or any other type of stereotyping material, posters, screen savers, etc. If you feel that graffiti or other material that appears on University property breaches this Policy, please contact the Staff and Student Equal Opportunity Unit. The EOU will decide whether the material should be removed and make arrangements for its removal. Should a concern arise about the removal of the material please advise the concerned party to discuss their concern with the EOU and/or the Manager, Harassment and Discrimination Resolution.
5. If you are introducing a new staff member/student into your work/study environment who is of a different age, gender, ethnic background etc, to others in the work/study environment, actively monitor the environment to ensure they are not subjected to discrimination.
6. Follow up any colleague/student behaviour changes that could have resulted from discrimination. For example, if you think that someone in your work team or student group is behaving in a manner that suggests that they may have a discrimination problem or complaint, you should raise the issue with them confidentially. If they reveal a problem or concern that should be dealt with under the Harassment and Discrimination Resolution Procedure, you should encourage them to act, and refer them to a Harassment & Discrimination Support Person or to the Manager, Harassment and Discrimination Resolution. If it appears that they are unlikely to take further action, and the matter is so serious that it has implications for their (or someone else’s) health or safety, you must speak confidentially with the Manager, Harassment and Discrimination Resolution. If the Manager, Harassment and Discrimination Resolution is absent, you should ask the Deputy Vice-Chancellor (Planning & Resources) (acting as the Vice-Chancellor’s representative) for a referral to one of the Assistant Harassment and Discrimination Resolution Officers. The Harassment and Discrimination Resolution Officer will decide whether it is appropriate for them to speak to the employee or student.
7. Ensure that your work team/students know that the University wants them to immediately report any discrimination that they are unable to resolve themselves. Ensure that they know whom they can contact for support, advice and/or problem solving.
8. Act immediately if you witness any discrimination or overhear someone talking about an act of discrimination. If you personally witness discrimination that appears to breach this Policy, or you overhear someone talking about what appears to be a breach of this Policy committed against someone else, you must intervene to stop the discrimination, and speak confidentially with the person or people who appear to have breached the policy. You should explain what you saw/overheard and why you are concerned. You should give the person or people full opportunity to tell you their side of the story. What will appropriately be your next action depends on whether there was a breach:
   • If it turns out not to have been a breach of this Policy, you should offer an apology. However you may wish to explain why you needed to inquire into the incident.
   • If it is a breach of this Policy, you should tell the person that you will be informing the person who you think may have been discriminated against that they have a right to act under the University’s Harassment and Discrimination Resolution Procedure. You should then refer the person you think may have been discriminated against to a Harassment & Discrimination Support Person or to the Manager, Harassment and Discrimination Resolution. If it appears that they are unlikely to take action, you should inform them that you will now need to speak confidentially to the Manager, Harassment and Discrimination Resolution. You should explain that the Manager, Harassment and Discrimination Resolution may wish to investigate the matter further and/or if necessary, refer it to the relevant staff or student misconduct process. If the Manager, Harassment and Discrimination Resolution is absent, you should ask the Deputy Vice-Chancellor (Planning & Resources) (acting as the Vice-Chancellor’s representative) for a referral to one of the Assistant Harassment and Discrimination Resolution Officers.
9. If someone informs you that they or someone else are/is experiencing discrimination, you must make clear that the victim of the alleged discrimination has the right to tell the alleged discriminator to stop – if they feel able to do this. If they do not feel able to do this, or they have done this without success, you should encourage them to act, and refer them to a Harassment & Discrimination Support Person or to the Manager, Harassment and Discrimination Resolution. If it appears that they are unlikely to take further action, and the matter is so serious that it has implications for their (or someone else’s) health or safety, you must speak immediately and in confidence with the Manager, Harassment and Discrimination Resolution. Tell the person concerned that this is what you are going to do. If the Manager, Harassment and Discrimination Resolution is absent, you should ask the Deputy Vice-Chancellor (Planning & Resources) (acting as the Vice-Chancellor’s representative) for a referral to one of the Assistant Harassment and Discrimination Resolution Officers. The Harassment and Discrimination Resolution Officer will decide whether it is appropriate for them to speak to the employee or student.

If you are a member of University’s Security services, you must:

1. Report any graffiti or other material (posters etc) that you think may breach this Policy, via your manager to the Staff and Student Equal Opportunity Unit. The EO Unit will decide whether the material should be removed and, if necessary, make arrangements with you or someone else to remove it. Should a concern arise about the removal of the material, please advise the concerned party to discuss their concerns with the Staff and Student Equal Opportunity Unit and/or the Manager, Harassment and Discrimination Resolution.
2. Act immediately to protect any student or employee who tells you that they are being stalked or discriminated against in any other way that makes them feel unsafe. Encourage that person to speak to one of the Harassment & Discrimination Support Officers, or to the Manager, Harassment and Discrimination Resolution, and/or to the University Counselling Service. If they are not willing to do this, you must report the matter to the Manager, Harassment and Discrimination Resolution so that they can decide what to do next. If the Manager, Harassment and Discrimination Resolution is absent, you should ask the Deputy Vice-Chancellor (Planning & Resources) (acting as the Vice-Chancellor’s representative) for a referral to one of the Assistant Harassment and Discrimination Resolution Officers.

It is the responsibility of all students and staff to respect the rights of others and ensure that they do not become involved in or encourage discrimination. Every student and employee has the legal right to a work/study environment that is safe, and that is not sexist, racist, anti-gay or anti-lesbian, anti-disability, ageist, or stereotyping in any other way.

1. If you personally see or hear someone do something that you think could amount to discrimination, talk with that person, if you feel able, about why you think it amounts to discrimination, and why they should cease to do it.
2. If you become aware that someone you work or study with is experiencing discrimination, help to prevent it from continuing by offering to support them. For example:
   • refuse to join in with the discriminating behaviour
   • tell them they have the legal right to a discrimination-free work/study environment
   • tell them that, if they feel able, they can say 'no' to the person or people who are discriminating against them
   • tell them that if it does not cease they should report the discrimination to the Manager, Harassment and Discrimination Resolution
   • tell them that you are willing to act as a witness if they decide to lodge a complaint with the Manager, Harassment and Discrimination Resolution

Please note that if you have not personally witnessed the behaviour, you must not say anything to the person who is allegedly discriminating against the person you work or study with. You must not spread rumours about that person. Spreading rumours about or speaking to the alleged discriminator may result in disciplinary action against you. It is also possible that the person you spread rumours about could sue you for defamation.

The University is committed to the elimination of harassment on all of its campuses.

1. The University will run regular promotion, education and training programs about this Policy to ensure that everyone is aware of their rights and responsibilities.
2. The University will maintain, resource and promote a fair and efficient process for dealing with concerns, problems and complaints relating to discrimination. You can complain about any discrimination concern or problem to any of the people listed in the University’s Harassment and Discrimination Resolution Procedure.
3. The University will deal with any discrimination concern, problem or complaint seriously, sympathetically, quickly, impartially (fairly) and confidentially.
4. The University will do everything reasonable to ensure that you are not victimised or hassled in any way as a result of making a discrimination complaint. The University will provide you with whatever reasonable protection is necessary.
5. If in the event of a complaint the University determines that discrimination has occurred, the University will do everything possible to ensure that it ceases. Depending on the circumstances, the University may discipline the person or people responsible. If the discrimination is serious, this may result in expulsion or dismissal. Where appropriate, the University will refund you for expenses, such as lost university fees, that are directly related to the discrimination.
6. The University will discipline anyone who victimises a person because that person has made a discrimination complaint or supported someone who has made a discrimination complaint. If the victimisation is serious, the University may dismiss or expel the person or people responsible.
7. Where appropriate, the University will discipline anyone who breaches confidentiality in relation to a discrimination concern, problem or complaint.
8. If the University discovers that a person has made a false allegation of discrimination, that person may be disciplined. If the lies were serious, the person who lied may be dismissed or expelled.

For information on how a problem, concern or complaint relating to harassment will be resolved, please see the University’s Harassment and Discrimination Resolution Procedure. A copy of the procedure can be obtained from the Staff and Student Equal Opportunity Unit on Tel: 9351 2212 and/or from the EO Unit’s Web site at: http://www.usyd.edu.au/eeo/

For support, counselling, advice and/or a means to sort out your problem, concern or complaint, please contact:

The Manager, Harassment and Discrimination Resolution Tel: 9351 8713

One of the Harassment and Discrimination Support Officers.

A list of the Harassment and Discrimination Support Officers is available from the Staff and Student Equal Opportunity Unit on Tel: 9351 2212

The Staff and Student Equal Opportunity Unit (oversees the Harassment and Discrimination Resolution Procedure) Tel: 9351 2212

The University Counselling Service
Tel: 9351 2228

Disability Services
Tel: 9351 4554 or TTY 9351 3412

The International Student Services Unit
Tel: 9351 4749

The Staff Support and Development Unit
Tel: 9351 5871

For help with interpreting, please contact:

Ethnic Affairs Commission
Tel: 9716 2244

Telephone Interpreting Service
Tel: 9221 1111

Deaf Sign Interpreter Service
Tel: 9716 2248

Student and Staff Union representative associations:

Students’ Representative Council
Tel: 9351 2871 or 9660 5222

Sydney University Post-Graduate Representative Association
Tel: 9351 3175 or 1800 249 950 (country callers only)
National Tertiary Education Industry Union, University of Sydney Branch
Tel: 9351 2827

Community and Public Sector Union
Tel: 9351 5176

The Anti-Discrimination Board of New South Wales
Tel: 9268 5555 or TTY 9268 5522

The Commonwealth Human Rights & Equal Opportunity Commission
Tel: 1300 656 419 or TTY 1800 620 241

The Australian Industrial Relations Commission
Tel: 8374 6666

You can contact one or more of these organisations at any time for advice and assistance in resolving your harassment concern, problem or complaint.

1. Does it have to happen at the University for it to be treated as discrimination under the University’s discrimination policy?
   
   No. The University will treat it as discrimination and try to resolve your problem, concern or complaint if it occurs:
   
   • during any University organised work, study or placement activity – on or off campus
   • during any University organised social or sporting activity – on or off campus.
   
   Note that if the discrimination occurs during a student placement, it may be necessary for you to make a complaint under the placement organisation’s complaints procedure. However, the University will help you with your problem or complaint – see the Harassment and Discrimination Resolution Procedure for more information about this.
    
2. Does the complaint have to come from an employee or student for it to be treated as discrimination?
   
   No. The University will treat it as discrimination and try to resolve the problem, concern or complaint if it comes from:
   • an employee or group of employees,
   • a student or group of students, or
   • from any visitor or contractor on the University campus.
   
    
3. Does the complaint have to be against an employee or student for it to be treated as discrimination?
   
   No. The University will treat it as discrimination and try to resolve the problem, concern or complaint if it is against:
   • an employee or group of employees,
   • a student or group of students, or
   • a visitor or contractor on the University campus.
   
    
4. Is it discrimination if it is committed by or against a Residential College student?
   
   This policy covers discrimination that is committed by any student, against any student, no matter where they live, provided that it occurs at any University sponsored event or on any University campus. However, if the discrimination occurs within the grounds of a Residential College that is not owned by the University (ie, Mandelbaum House, St Andrew’s, St John’s, St Michael’s, St Paul’s, Sancta Sophia, Wesley, Women’s College) the University cannot deal with it under this policy.
    
5. Does there have to be more than one action/event for it to be considered discrimination?
   
   No. Discrimination is often repeated, or a series of events. However, depending on its seriousness, one single action/event can be enough to amount to discrimination.
    
6. Does it have to be deliberate for it to be discrimination?
   
   No. Sometimes people discriminate against others without meaning to.
   
   Behaviour, practices and policies that are indirectly discriminatory often appear, at first glance, to treat everybody the same. A person who does not intend for their actions to impact disproportionately and unfairly on particular people or groups of people can nonetheless be guilty of discrimination.
   
   Every University employee and student has the legal right to work and/or study in an environment that is free from discrimination. This means that all University students and staff must respect the fact that everyone is different, and think carefully about how their actions will impact on people from a wide range of social, cultural, and personal backgrounds.
   
   If you are not sure whether your actions will amount to discrimination, contact the staff and student Equal Opportunity Unit for advice.
    
7. Does the other person have to say ‘no’ before it is considered discrimination?
   
   No. The University encourages people to say no to discrimination, but understands that it can be threatening or embarrassing to do so. If a person is too scared or embarrassed to say no to a particular type of behaviour, it could still be considered discrimination.
   
   This means that all University staff and students need to be careful about what they say and do, and be aware of how their behaviour might affect others.
   
   If you know or suspect that your behaviour might be discriminatory, you should not do it, even if the other person does not say ‘no’. If you are not sure if your behaviour is discriminatory, you should seek advice from the Staff and Student Equal Opportunity Unit.
   
   If you believe a particular type of behaviour is discriminatory and you feel confident enough to say that you do not think it is appropriate, you should do so. The person concerned may not have realised that their behaviour was discriminatory. For example, you could say "I don’t think whether I am planning to have children is relevant to whether I am suitable for this job, and I would rather you didn’t require me to answer that."
   
   If you feel confident enough to speak to someone about their behaviour, it is preferable to do so on your own or with one friend (who does not speak on your behalf, but is there for support). If you go to see the other person with more than one friend, or with a union or student association representative, it is quite likely that the other person will feel ganged up on, making it hard to sort out the problem. This may also be the effect of allowing your friend to speak as well as you.
   
   If you do not feel confident enough to talk with the other person, you do not have to. However, you should consider using the University’s Harassment and Discrimination Resolution Procedure to have the problem resolved.
    
8. Is it discrimination to discuss and/or research things like sexism and racism?
   
   No – not if you are doing this for legitimate, academic purposes.
    
9. Is it unlawful discrimination if I provide some kind of benefit (for example) to a pregnant employee or student, or to an employee or student of a non-English speaking background, that is not provided to other employees or students?
   
   No. Provided that the benefit is designed to accommodate an existing inequality and/or eliminate institutional barriers to the participation in education and employment of Aboriginal and Torres Strait Islander people, people with a disability, people from non-English speaking backgrounds, pregnant women etc. These types of benefits are known as ‘positive discrimination’ or ‘special measures’. Benefits that are designed to achieve comparative equality (ie. level the playing field) by helping a person or group of people gain access to the same opportunities available to others do not amount to unlawful discrimination.
    
10. Is it unlawful discrimination if I exclude a person or group of people of a particular sex from participating in a competitive sporting activity?
    
    No. It is not unlawful discrimination to exclude a woman from a men’s sporting activity, or a man from a women’s sporting activity, where the strength, stamina or physique of competitors is relevant. This exception does not apply to coaching, umpiring, refereeing or administering a sporting activity.
     
11. Is it discrimination if I tell someone that their work or study needs improving?
    
    No, provided that your assessment of the person’s work or study is in no way influenced by that person’s race, sex, disability etc.
    
    It is legitimate as a manager, supervisor or academic to raise with someone your concerns about their performance, but this must be done fairly and professionally. It could amount to discrimination if you make an assumption about someone’s abilities because they do not speak fluent English, have a disability or are comparatively young/old. It could also amount to discrimination if you are harder on, and/or have higher standards for people of one gender, race etc, than you are or have for, people of another gender, race etc.
     
12. Is it discrimination if I am given too much work or study to do?
    
    Work and study overload can cause people to feel stressed. However, being given too much work or study to do will generally only constitute discrimination under the Discrimination Prevention Policy if you are being singled out for the extra work because of your sex, race etc.
     
13. Is it treated as discrimination if a person’s race, sex, disability etc is just one of the reasons that the person is being treated less favourably?
    
    Yes. If an act is done for two or more reasons and one of the reasons is the race, sex, disability etc of the person or group of people, it will be treated by the University as discrimination – even if the race, sex, disability etc of the person or group of people is not the main or a substantial reason for doing the act.
     
14. Is it considered discrimination if a person or group of people is treated less favourably because of their presumed race, religion, sexual preference, political opinion etc rather than their actual race etc?
    
    Yes. For example, if a person treats a student or employee less favourably because they assume that the student or employee is homosexual, and that student or employee is in fact not homosexual, the treatment would nonetheless constitute unlawful discrimination.
     
15. Do we have to employ a person with a disability if it would be really expensive for us to alter the workplace to accommodate them?
    
    It depends on the circumstances. It is not unlawful discrimination for you to decline to employ a person with a disability if, in order to carry out the essential requirements of the job, the person would require adjustments that would impose an ‘unjustifiable hardship’ on the University. However, the University must make all ‘reasonable’ adjustments to a work place or job description to accommodate the needs of a person with a disability. If it is possible to make such reasonable adjustments and these adjustments would allow the person to carry out the essential requirements of the job, it is unlawful discrimination for you to decline to employ them – assuming that they are the best person for the job.
    
    There are a number of factors that must be considered when determining what is a 'reasonable' adjustment. You should contact the Student and Staff Equal Opportunity Unit for advice on what constitutes a 'reasonable' adjustment or 'unjustifiable hardship'.
     
16. Do we have to employ a person with a disability if the person is not able to do the job?
    
    No. It is not unlawful discrimination to decline to employ a person with a disability if the person would not be able to carry out the essential requirements of the job.
     
17. Can I ask applicants for a position to undertake a medical examination?
    
    Yes, provided that all applicants are required to have the medical examination and the examination is requested for occupational health and saftey purposes and/or is designed to ensure that the successful applicant will be able to carry out the essential requirements of the job.
    
    The results of the medical examination must not be used to exclude an applicant with a disability if the applicant is able to carry out the essential requirements of the job. When considering whether an applicant with a disability is able to carry out the job’s essential requirements, you must take into account all 'reasonable' adjustments that could be made to the work place or job description to accommodate the needs of the applicant.
    
    There are a number of factors that must be considered when determining what is a ‘reasonable’ adjustment. You should contact the Student and Staff Equal Opportunity Unit for advice on what constitutes a ‘reasonable’ adjustment.
     
18. How do I avoid being wrongly accused of discrimination by, for example, a student or staff member who is unhappy with my assessment of their work/studies?
    
    The majority of staff and students do not make false allegations of discrimination. However, some may do so.
    
    To avoid being wrongly accused of discrimination, you should make sure that all your assessment processes are scrupulously fair and transparent, and backed by appropriate record keeping. You should also make sure that any performance assessment interviews are conducted fairly, at an appropriate time and in appropriate University locations.
    
    In the event that you have real concerns that a particular student or staff member is so unhappy with your assessment of their work that they might retaliate with a false discrimination charge, you should talk confidentially about your concerns with your Head of Department/Manager and/or the Staff and Student Equal Opportunity Unit.
     
19. What if someone accuses me of discrimination when I have not done anything wrong, or did not mean anything by it?
    
    If a discrimination complaint is made against you, the person resolving the complaint will ask you for your side of the story. The University will not take any disciplinary action against you unless there is some evidence that you did discriminate against the person or group of people.
    
    The University will ensure that the complaint remains confidential to those involved in sorting it out, and do its best to ensure that you are not victimised in any way.
    
    However, you should be aware that a person who does not intend for their actions to discriminate against a person or group of people can nonetheless be guilty of discrimination, and may indeed breach the Discrimination Prevention Policy. If this happens, the University may take some action against you, such as requiring you to apologise to the other person, or requiring you to attend counselling.
    
    There will be no record placed on your personal file if a complaint made against you is either unsubstantiated, or does not result in a disciplinary warning against you
     
20. Will it be the end of my career if I complain about, or help someone else complain about, discrimination?
    
    Not if the University can help it. Provided you are not lying about the behaviour, action or practice, the University will do its best to sort out the problem, protect you from any victimisation and make sure that you are able to continue with your work or study. The University will do this irrespective of the position or seniority of the alleged discriminator.