Is this legal?

So I'm applying for a job and the company using Arctic Shores assessment. One of the tasks is displaying faces and assigning emotions to them. Is this legal as surely this is direct discrimination against autistic applicants? 

Parents
  • Honestly, and coming from a background where I've been trained in the general concepts of employment law - I believe that a strong case could be made for discrimination unless the company in question can provide a good reason why such tasks are necessary. The simple question I would be asking is if it is made clear by what rules you're being assessed?

    If, they don't have a good reason why the tasks are necessary and can't provide a list of what is being assessed I'd suggest there's a good case for discrimination - though not a solicitor. If you're in a trade union they might have a clearer idea though. There is case law on this though - several organisations have lost cases where psychometric tests were used - https://torquelaw.co.uk/beware-the-discrimination-pitfalls-of-psychometric-testing/ - https://www.personneltoday.com/hr/recruitment-multiple-choice-psychometric-test-discriminatory-holds-eat/ there are more, but they all follow the same pattern.

    Practically though, recruitment is a sector where it's the wild west. By the time you get in front of ACAS to put a case of discrimination to the hiring company, the vacancy has long since been filled and interest you might have had in the job will be gone too. I'm hearing that ACAS can take up to two years to hear discrimination cases. The guardrails in my opinion may as well not even be there because they aren't fast or effective enough.

    Arctic Shores in particular make some VERY big claims. In many interviews they've claimed that autistic people favour an automated process, and as such their software removes unconscious bias. I've not seen anything from them though that actually backs up their claims. In fact the whole outfit gives me very bad vibes.

Reply
  • Honestly, and coming from a background where I've been trained in the general concepts of employment law - I believe that a strong case could be made for discrimination unless the company in question can provide a good reason why such tasks are necessary. The simple question I would be asking is if it is made clear by what rules you're being assessed?

    If, they don't have a good reason why the tasks are necessary and can't provide a list of what is being assessed I'd suggest there's a good case for discrimination - though not a solicitor. If you're in a trade union they might have a clearer idea though. There is case law on this though - several organisations have lost cases where psychometric tests were used - https://torquelaw.co.uk/beware-the-discrimination-pitfalls-of-psychometric-testing/ - https://www.personneltoday.com/hr/recruitment-multiple-choice-psychometric-test-discriminatory-holds-eat/ there are more, but they all follow the same pattern.

    Practically though, recruitment is a sector where it's the wild west. By the time you get in front of ACAS to put a case of discrimination to the hiring company, the vacancy has long since been filled and interest you might have had in the job will be gone too. I'm hearing that ACAS can take up to two years to hear discrimination cases. The guardrails in my opinion may as well not even be there because they aren't fast or effective enough.

    Arctic Shores in particular make some VERY big claims. In many interviews they've claimed that autistic people favour an automated process, and as such their software removes unconscious bias. I've not seen anything from them though that actually backs up their claims. In fact the whole outfit gives me very bad vibes.

Children
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