Sylvana*, a person living with Fibromyalgia and Hypermobility, applied for a clerical job. She was successful at interview but did not get the role after a medical check.
Sylvana lodged a disability discrimination complaint with Anti-Discrimination NSW (ADNSW). ADNSW investigated the matter by speaking with both Sylvana and the hiring company.
The company said that Sylvana’s employment depended on her passing the medical assessment. They said that while the job was mostly office work, some lifting was required. According to the medical assessment, lifting would put Sylvana at risk of injury. They also said it would cause unjustifiable hardship to the company to change the role by removing lifting duties.
Sylvana said her medical conditions do not affect her ability to do the office work and that she was able to lift within limits set by SafeWork guidelines.
The matter was resolved at a conciliation conference. Sylvana accepted a monetary settlement from the company, who did not admit to any wrongdoing.
* Name has been changed to protect the privacy of the individual
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