Disability Discrimination- Beware The Men In ´White Coats´

The Federal Court has found that the Australian Taxation Office (ATO) engaged in unlawful discrimination when it formed the view that a new employee was not medically fit for duties.¹

The job

Mr Gordon was employed in the Federal public sector in a number of positions between 1985 and 2001, including with the ATO. In 2001, he started his own business as a private tax agent in Hobart.

In March 2003, he was successful in a selection process for the position of GST Field Officer in the ATO's Launceston office.

The offer of employment included a condition imposed under s22(6)(e) of the Public Service Act 1999 (Cth) that he meet health clearances. Mr Gordon was advised by letter that if he was found to be unfit for employment, 'this employment offer may be withdrawn or your employment terminated'.