Saturday, 04 July 2009

RECRUITMENT TESTS

Employers could face legal action over reading and writing tests

Employers could face legal action for asking job applicants to take basic reading and writing tests, following a landmark legal case which ruled mild forms of dyslexia should be considered a disability.

Legal experts said employers should be “extremely cautious” if using literacy and numeracy tests as part of their recruitment process.

Marcus Difelice, partner at leading law firm Brabners Chaffe Street, says: “There is a growing concern that these types of tests may breach discrimination laws. The recent court case which ruled that mild dyslexia should be considered a disability reinforced these fears. If a candidates chance of winning a position is based on a literacy and numeracy test then someone with dyslexia is bound to be at a disadvantage. Ultimately, if a potential employee feels they have lost out because their dyslexia affected their ability to complete the test they could take legal action. Employers need to seriously consider if such tests are necessary or, if they can alter them in a way that makes them fairer to people with dyslexia."

The British Dyslexia Association is to launch a guide next month offering employers advice on policies and procedures relating to the Disability Discrimination Act.

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Readers' comments (5)

  • Employers need to ensure that the onus to declare any dyslexia falls squarely on the candidate with a signed declaration before the test. There should be no room for anyone to withhold such information and then perform poorly in the tests and cry 'unfair' It would just be using our country's daft discrimination laws to their advantage!

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  • As Richard Littlejohn might say "You couldn't make it up".

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  • There are already tests available which are specifically designed to overcome this issue: they use the computer to speak the instructions and questions to the candidate as well being written on the screen, and before the candidate is allowed to take the actual test, the computer takes them through a simple example to make sure they hae understood the concept of the test in question. Assessment really moved into the 21st Century!

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  • This definitely raises issues. Many of our candidates are "subjected" to a variety of test - including SHL Tests mentioned in another article, where candidates with diagnosed dyslexia are allowed additional time to complete the tests. My niece has a special laptop, which she used throughout her university studies, that assisted her in gaining a 2:2 combined honours degree in maths and geography. Perhaps these tests should also take into account when English is the person's second language? After all, surely all they require is a little extra time to digest the information and formulate an answer, but are otherwise equally intelligent and up to the task.

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  • Interesting article. I am just curious on alternative ways that an employer can detemine whether a future employee can write. What if excellent writing ability is a pre-requisite for perfoming the role? Does anyone have any thoughts on this?

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