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A court has thrown out a novel adverse action claim, in which an employee argued he was refused a job on the basis of a physical disability, while also denying that he had such a disability.

Even if the employer had rejected the job applicant on the basis of his pre-employment medical report, Federal Circuit Court Judge Salvatore Vasta said he would have found the decision was warranted due to the inherent requirements of the role.

The case involved a qualified rope access technician (also known as an "industrial abseiler"), who applied for work with Tasman Rope Access in late 2022.

He submitted a CV and attended a pre-employment medical examination, but just over a week later received an email from the employer's HR team, informing him that his application wasn't successful...