Human Rights Act 1993

Unlawful discrimination - Exceptions in relation to employment matters

29: Further exceptions in relation to disability

You could also call this:

"When having a disability means you can be treated differently at work"

You can be treated differently at work because of a disability in some situations. If you need special help or equipment to do your job and it's not reasonable for your employer to provide it, you can be treated differently. If your disability would put you or others at risk of harm, you can also be treated differently. If your employer can reduce the risk without too much trouble, they should do so. You can be treated differently if your employer thinks about your disability when setting your work conditions. This includes thinking about any limitations your disability causes and any special help you need to do your job, as stated in section 22. Your employer can set different rules for you if they consider your special needs and the help you require, as outlined in section 22. This means they can make decisions based on what you can and can't do because of your disability. They can also think about the special equipment or services that help you work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304491.

This page was last updated on 13 December 2025 — View changes

Topics:

Work and jobs > Worker rightsRights and equality > Anti-discrimination

28: Exceptions for purposes of religion, or

"When religion matters, some jobs can treat people differently because of their sex or beliefs."

30: Further exceptions in relation to age, or

"When Age Can Be a Reason for Different Treatment at Work"

Part 2Unlawful discrimination
Exceptions in relation to employment matters

29Further exceptions in relation to disability

Nothing in section 22 shall prevent different treatment based on disability where—
the position is such that the person could perform the duties of the position satisfactorily only with the aid of special services or facilities and it is not reasonable to expect the employer to provide those services or facilities; or
the environment in which the duties of the position are to be performed or the nature of those duties, or of some of them, is such that the person could perform those duties only with a risk of harm to that person or to others, including the risk of infecting others with an illness, and it is not reasonable to take that risk.

Nothing in subsection (1)(b) shall apply if the employer could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
Nothing in section 22 shall apply to terms of employment or conditions of work that are set or varied after taking into account—
any special limitations that the disability of a person imposes on his or her capacity to carry out the work; and
any special services or facilities that are provided to enable or facilitate the carrying out of the work.