Equal Opportunity On Line Training Module 4: Disability Law & Access

Unjustifiable Hardship

Not everyone with a disability will require adjustments. Many adjustments are likely to be simple to put in place while others may involve planning and budgetary allocation and some disruption or time commitment.

The DDA uses the concept of 'unjustifiable hardship' to determine whether an adjustment is reasonable or not. Expense or inconvenience does not necessarily constitute 'unjustifiable hardship' and all the relevant circumstances of a particular case are taken into account. For example installing a lift may be too expensive for a small employer or restaurant owner but is affordable for a large employer.

To determine the validity of a claim of 'unjustifiable hardship', The Human Rights and Equal Opportunity Commission or court will look at:

• the benefit or detriment accrued by any person concerned
• the effect of the disability on the complainant
• the cost of the adjustment and the total budget of the University (not the budget or resources of a particular department).

In large institutions like universities, provision of support for people with a disability (such as Auslan interpreters, notetakers, lecture notes, specialist equipment or computers) would not constitute unjustifiable hardship. Furthermore, while the cost of modifications to buildings to improve accessibility may be expensive, under the DDA a large organisation would not be able to argue the case of 'unjustifiable hardship' on the grounds of expense.

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