45Employment based on disability

45 Employment based on disability

A person may discriminate against another person on the ground of disability in relation to employment if –

(a) the other person –

(i) is unable to carry out the inherent requirements of the employment; or

(ii) in order to carry out those inherent requirements would require services or facilities not reasonably required by a person without a disability, the provision of which would impose unjustifiable hardship on the person so discriminating; or

(b) the employment involves –

(i) participation in a dramatic performance or other entertainment in a capacity for which a person with a particular disability is required for reasons of authenticity; or

(ii) participation as an artist's or photographic model in the production of a work of art, visual image or sequence of visual images for which a person with a particular disability is required for reasons of authenticity; or

(iii) providing persons with a particular disability with services for the purpose of promoting their welfare if those services are most effectively provided by a person with the same disability.