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The Federal Circuit Court has highlighted 'regrettable' inconsistencies between the Fair Work Act and disability discrimination laws, regarding the meaning of 'inherent requirements'.

Specifically, in contrast to the Commonwealth Disability Discrimination Act (DDA), the FW Act's general protections provisions don't require employers to consider reasonable adjustments before determining whether an employee can meet the inherent requirements of their position, Judge Karl Blake said, in dismissing an adverse action claim.

The case involved a senior teacher who was dismissed by Westbourne Grammar School in December 2024, on the basis that she couldn't perform the "genuine and reasonable requirements" of her role at that time or in the foreseeable future.

The employee lodged an adverse action claim, alleging the employer and the School principal had breached the discrimination provisions of the Fair Work Act...