How to use Pre-Employment Medical Examinations and Comply with Anti-Discrimination Legislation

The law including legislation such as the Occupational Health & Safety Act 1983 imposes stringent obligations on employers to ensure the health and safety of their employees. The use of pre-employment medical examinations is one tool that employers can use to assess the suitability of a job applicant for a particular position and protect themselves from prosecution or claims for compensation or damages.At the same time, however, legislation such as The Disability Discrimination Act 1992 (Commonwealth) ("DDA") and The Anti-Discrimination Act 1977 (New South Wales) ("ADA") affords protection to individuals against discrimination.