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

Inherent Requirements

The DDA uses the concept of "inherent requirements" to describe those components of a job or a course that must be performed. Inherent requirements need to be determined in the circumstances of each job or course.

Care needs to be taken in determining what is inherent to a job or course, What may appear essential may in fact be achieved in another way, easily be done by someone else or be excluded from the job or course with no real loss to educational or work outcomes.

For example, in order to teach in a secondary school appropriate qualifications are required and hence the stipulation of a university degree would be considered inherent to that position. To require a driver's licence, however, though this may be desirable for transporting students on excursions, would generally not be considered inherent to their role as a teacher.

In relation to education, the concept of inherent requirements is applicable only to the core elements of a course. If there are adjustments that can be made to assist people to meet these requirements, then the student cannot be excluded. For example, a student with a vision impairment may be able to learn the course content but can only do so using written material in large font. Being able to read material in the same form as most other students would not be an inherent requirement of the course.

It is not unlawful to ask questions that will enable you to identify and provide assistance to meet the individual needs of the student. It is unlawful to ask these questions with the intent of using that information to discriminate or exclude the student from the course. The University must enrol a student who meets the entry requirements unless they are unable to perform the core requirements of the course.

It is advisable to seek professional advice from the Equity and Diversity Centre if you are at all unsure.

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