Victorian Current Acts

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EQUAL OPPORTUNITY ACT 2010 - SECT 17

Employer must accommodate responsibilities as parent or carer of person offered employment

    (1)     An employer must not, in relation to the work arrangements of a person offered employment, unreasonably refuse to accommodate the responsibilities that the person has as a parent or carer.

Example

An employer may be able to accommodate a person's responsibilities as a parent or carer by offering work on the basis that the person could work additional daily hours to provide for a shorter working week or occasionally work from home.

    (2)     In determining whether an employer unreasonably refuses to accommodate the responsibilities that a person has as a parent or carer, all relevant facts and circumstances must be considered, including—

        (a)     the person's circumstances, including the nature of his or her responsibilities as a parent or carer; and

        (b)     the nature of the role that is being offered; and

        (c)     the nature of the arrangements required to accommodate those responsibilities; and

        (d)     the financial circumstances of the employer; and

        (e)     the size and nature of the workplace and the employer's business; and

        (f)     the effect on the workplace and the employer's business of accommodating those responsibilities, including—

              (i)     the financial impact of doing so;

              (ii)     the number of persons who would benefit from or be disadvantaged by doing so;

              (iii)     the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

        (g)     the consequences for the employer of making such accommodation; and

        (h)     the consequences for the person of not making such accommodation.



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