Key Points:
Although employers may wish to use various equivalents of a
"functional capacity assessment" during the recruitment
process, these can certainly have their limitations.
In Carman v Torrens Transit Services (North) Pty Ltd [2009]
SAEOT 6, the Equal Opportunity Tribunal of South Australia held
that a bus company that rejected a job applicant because he failed
a "functional capacity assessment" unlawfully
discriminated against that employee.
Mr Carman held various bus-driver positions for a number of
companies from the 1960s onwards. Between 2000 and 2005 Mr Carman
worked for bus company, Serco, until he was made redundant when
Serco was unsuccessful in renewing its contract with the State
Government. Torrens Transit, Southlink and Hills Transit were the
successful tenders for the various routes previously serviced by
Serco. Torrens Transit advertised for bus drivers in mid-February
2005. Six hundred applications were received for the 400
