Is your recruitment process inclusive to those with disabilities?
A recent Employment Appeal Tribunal ruled that a woman with Asperger’s syndrome was discriminated against during the recruitment process for the Government’s Legal Service (GLS), we look at how employers can update their recruitment process to ensure it is inclusive and non-discriminatory to those with disabilities.
Ms Terri Brookes took the situational judgement test as part of her first stage of her application. Due to the test being in a multiple-choice format placing her at a disadvantage, Ms Brookes requested to be allowed to submit short written answers instead. While the GLS did make time allowances, they did not allow for the alternative format. Evidence shared at the appeal showed that of the small number of applicants which had Asperger’s only one had passed the test.
The tribunal ruled last year that there was no identifiable reason for Ms Brookes to have failed the test other than her disability and that by asking her to take the test without reasonable adjustments, the GLS had indirectly discriminated against her.
An employment law consultant for the ELAS group states:
“It might not be necessary to review recruitment processes overall, however, companies should ensure that on application, a candidate is asked whether they require any reasonable adjustments. If they indicate that they do, then the employer should enquire what is required.”
So what can you and your recruitment team do to make sure the process is more inclusive to disabled candidates?
Vacancy advertising
When writing the vacancy make it clear that you welcome applications from disabled people by including that arrangements can be made as required. Post to job boards such as Evenbreak for further advertisement to people with disabilities.
Reasonable adjustments
As with Ms Brookes, an alternative to elements of the process may need to be in place in order for people to complete the application. For example, someone with dyslexia may require more time on their application or a visual impairment may require a candidate to have a telephone interview. Something as small as making sure that documents have a white background with large black writing may make the difference and a wheelchair user will require a parking spot and accessible buildings when coming to the interview or starting the job.
Interviews
Interviews can be a poor predictor of future job performance, alternatives such as an on-the-job assessment can be effective in testing performance. This allows candidates to feel more comfortable in their tasks than speaking in a formal situation, it also allows you to avoid unconscious bias as you will observe individuals perform the type of duties they will undertake in their role.
Trained staff
You may have made the application process more accessible and user-friendly for disabled people to apply but you could still be unconsciously discriminating against them by having staff that are not trained in unconscious bias and how this might impact their perceptions of candidates. Those involved in hiring decisions need to ensure that they are looking purely at the candidate’s ability to do the job (with adjustments if required) without being influenced by irrelevant factors.
It may be worthwhile to include any current disabled staff in reviewing your recruitment process or have a specialist HR company review the process, that way you can ensure you are acting with sensitivity throughout the process.
