Multiple choice assessment was discriminatory to applicant with Asperger’s

The Employment Appeal Tribunal (“EAT”) has upheld the decision of an employment tribunal that a job applicant with Asperger's suffered indirect disability discrimination when her prospective employer required her to undergo a multiple choice test and refused to adjust the format of the test. The requirement was a provision, criterion or practice which put her at a particular disadvantage and which could not be justified. By refusing to accommodate the applicant's request to provide answers in a different format, the employer had also failed to make reasonable adjustments.  
This case demonstrates how employers should consider the impact of pre-employment tests on those with “hidden” disabilities in order to avoid claims for discrimination (The Government Legal Service v Brookes UKEAT/0302/16).
If you require advice on an employment discrimination matter, please contact Hayley Dear or Polly Plant to discuss on 01277 500123 or 01702 338338 or by email or