No matter how small your business is, you have a legal responsibility to ensure your workplace is not only accessible, but open to prospective employees living with disability.
In this article, Stephen Roebuck, an HR and WHS expert, who explains what SMEs can do – and must do – to make their workplaces more accessible.
First and foremost, Stephen advises all small businesses to know the laws.
“A key piece of legislation that all businesses need to be aware of is the Disability Discrimination Act 1992 (DDA),” he says. “There are two key provisions of the DDA that apply to employers: They are prohibited from discriminating against an individual on the basis of their disability, and they are generally required to make reasonable adjustments to accommodate the individual’s needs as a result of that disability.”
What does “reasonable adjustments” mean?
This is a point of confusion for many employers, Stephen says.
“Put simply, a reasonable adjustment is a change to the work environment or job conditions that enables employees with a disability to work safely and productively,” he explains.
Such adjustments could be physical, such as installing ramps, or technological, like providing speech-recognition software. Other adjustments might be to working arrangements and duties, including different working hours or methods.
How can small businesses, with their more limited resources, meet these obligations?
The best, and cheapest, thing small businesses can do is communicate with employees living with a disability, Stephen says. Specifically, determine the employee’s needs, uncover the issues they may be facing, and find out what you can do to help.
Secondly, small businesses are not expected to go beyond what they can reasonably afford, Stephen reminds us.
“Naturally, small employers have more resource constraints than larger employers,” Stephen says. “So what is reasonable for a larger business may not be for a smaller one.”
A “reasonable adjustment” under the DDA is defined as one that does not impose an unjustifiable hardship on the business concerned. If making an adjustment would cause your business hardship, failure to make that adjustment is not discriminatory.
Fair hiring practices
When it comes to hiring practices, SMEs also have an obligation to provide equal employment opportunities.
Stephen recommends that businesses introduce inclusion and awareness training for managers and employees, to promote fair hiring practices.
It’s also a good idea to consider using multiple hiring avenues to reach more people with diverse backgrounds. Using recruiters can be helpful here, Stephen says.
“Another measure involves setting up mentoring arrangements that match employees from diverse backgrounds,” he adds. “This encourages open communication, promotes understanding, [and] fosters a positive culture of teamwork.
“It is always a good idea to implement grievance and complaints procedures in order to make sure any issues are managed quickly and effectively, before they become a bigger problem.”
Programs that can help
There are a few programs available that help employers make their workplaces more inclusive, Stephen says.
The Employment Assistance fund (EAF): This is a fund under the Job Access scheme that business owners can use to purchase modifications to workplaces. This could include equipment, Auslan services, or other workplace assistance and support services.
Businesses can also access a free Workplace Modification Assessment through the EAF to determine what barriers exist in the workplace for an employee living with a disability. The assessor will then work with both the employer and the employee/s living with a disability to find the best solution.
The Supported Wage System (SWS): This system also operates under Job Access, and allows employees to pay wages to an individual living with disability based on how productive they are in their role.
“The SWS is specifically designed for people living with disability who may not be able to perform a job at the same capacity as another employee, while also serving as a pathway for them to secure mainstream employment that may have been difficult to access otherwise,” Stephen explains.
To participate in the SWS, employees and employers must meet certain criteria. Firstly, the employee must work eight or more hours a week. Secondly, their role must be covered by an industry award or legislative provision that permits employment under SWS provisions.
Employers may also be eligible to receive a one-off payment of $1000 for eligible SWS employment of 13 weeks at a minimum of eight hours of work a week, provided that the employee is not receiving support from a government-funded employment service provider.
Stephen highlights that the government has also promised an extra $6.9 million for reviewing and modernising the DDA, in response to the Disability Royal Commission.
“At this early stage, it is unclear how employer responsibilities and obligations will change,” he says. “However, what we do know is that from 1 July 2025, a new specialist disability employment program will be implemented to help more people with disability find and maintain sustainable employment…With this funding, it is expected that the program will be better equipped to provide support to more businesses and employers.”
An additional $227.6 million will go towards this program, which will extend Job Access services to cover disabled employees who have an assessed work capacity of under eight hours a week.
“The new program will also offer targeted assistance for employers who may already employ a person living with disability if the participant requires extra support to maintain their employment,” Stephen explains.
Finally, Stephen urges employers to look beyond just legal obligation when considering their hiring and workplace practices.
“By hiring people living with disability, small-business owners and employers will gain access to a wider talent pool and more diverse teams,” he concludes.
This article first appeared in issue 46 of the Inside Small Business quarterly magazine
