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HR manager unlawfully discriminated against top candidate with disabilities

A job applicant's numerous disabilities would not have reduced her ability to perform the inherent requirements of a role, a tribunal has found in upholding her unlawful discrimination claim.

Early last year, after applying for a disability support worker (DSW) role with LiveBetter Services, the job applicant proceeded through the interview stage, and the employer then required her to undergo a pre-employment functional assessment.

In a questionnaire, the applicant disclosed that she: suffered a heart attack in 2012 and had a stent inserted; had a hernia but didn't suffer current symptoms; had bursitis and tendonitis in her right shoulder six months ago; and had previously experienced neck and lumbar pain.

Nonetheless the functional assessment found the applicant was able to perform the inherent requirements of the DSW role, without restrictions...

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