As you may know, employers are not allowed to discriminate against you because you have a disability. This also applies during the recruitment process even where artifical intelligence and automated processes are involved.
This real-life story is a recent example of what can go wrong… and what you can do about it.
Kevin Meier has an IQ of 139 (very high) and graduated in 2017 with a 2:1 degree in computer science. He also has Asperger’s Syndrome, dyslexia and dyspraxia.
When Kevin applied to join the Graduate Recruitment scheme at BT, he mentioned his ASD on the application, and that he was applying under the company’s Disability Confident Scheme. He believed this would guarantee him an interview if he met the minimum criteria.
However, BT uses an automated recruitment process that includes a Situational Strengths Test (SST). In this test, Kevin scored only 29 out of 180. As a result, he received an email saying his application would not go through to the next stage.
Supported by the Equality Commission, Kevin made a claim to the employment tribunal that this was disability discrimination.
A specialist clinical psychologist confirmed that the SST would substantially disadvantage people who have been diagnosed with ASD, so the tribunal found in Kevin’s favour and awarded him more than £18,000.
BT appealed against the decision, but the Court of Appeal dismissed the appeal, saying that BT should have made reasonable adjustments for Kevin. For example, he should not have had to take the SST, or that the score should not have counted against him.
What this means to you
If you’re disabled and applying for a job, you may well face an automated online recruitment process.
The law states that employers must offer equal opportunities and ensure their recruitment policies and practices are inclusive. That means they should make ‘reasonable adjustments’ for job applicants who have different but equal abilities to meet the requirements of the job.
If part of a recruitment process is not suitable for you, you might be able to make a claim. Give us a call to discuss it.
Further reading
- Disability discrimination: What you need to know
- My employer will not help with my disability
- My employer hasn’t made reasonable adjustments for me
- Disability discrimination
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