Neuro-diversity and Equality: Law at Work
Please note that this blog is not an alternative to, or a substitute for, specialist legal advice. This explanation is provided for educational use only and does not constitute legal advice.
The Equality Act 2010 is UK legislation to protect people with disabilities, including hidden disabilities like dyslexia. It states: A disabled person is defined as having a ‘physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities’. Substantial is defined as ‘more than trivial’.
But what does this mean…
Employers must not discriminate against disabled people and must make reasonable adjustments to support a disabled employee, so not to put them at a disadvantage. The adjustments are to put individuals on a level playing field with their neuro-typical peers. This includes direct discrimination, indirect discrimination and discrimination arising from a disability.
By law organisations are required to make reasonable adjustments, however, it is worth noting that what is reasonable is down to the organisation. For example, a multi-millionaire organisation may have the funds to be able to offer assessments, multiple assistive technologies, extra 1-2-1 support and extra in-house training with a specialist to a single individual. Whereas a new starting company may not have the funds to do so for one individual. This shows us how funding can be an element when looking at reasonable adjustments. However, adjustments do not have to cost much or at all. The new starting company is still a requirement to make reasonable adjustments, they could investigate those that are not financially dependent, such as extra time, adjustment to targets, providing templates.
‘Reasonable’ is defined as:
whether the adjustment is effective in removing the obstacle;
whether the adjustment is practical;
the cost of the adjustment in relation to the resources of the organisation;
the availability of financial support (such as Access to Work).
For further information regarding the Equality Act: https://www.gov.uk/guidance/equality-act-2010-guidance
In 2000 the Human Rights Act 1998 became law to ensure that basic human rights are protected for any persons in the UK. This law also aims to provide those with learning difficulties the right to be treated and live life with the same rights, choices and opportunities as everybody else.
But what does this mean…
Those with learning disabilities/difficulties, such as Autism Spectrum Condition are legally protected from both mental and physical abuse. This also means that individuals cannot be turned down for an employment position due to their specific learning difficulties/disabilities and are provided the same opportunities at work as those without learning disabilities/difficulties.
Selection of candidates has always been an ongoing argument about which selection method is best. A combination of assessments could be more appropriate for Neurodiverse individuals so that they have the opportunity to present their skills in different ways. Assessment centres can assess multiple dimensions as situational judgement, personality, oral skills (using interviews and presentations), teamwork (through group work), psychometric tests and many more. This could allow the individual to show all their skills in practise where they may have difficulties verbally explaining their skills.
For further information regarding the Human Rights Act: https://www.legislation.gov.uk/ukpga/1998/42/contents
The Disability Discrimination Act 1995 is an act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons, and to establish a National Disability Council.
But what does this mean…
The term discrimination means treating a person unfairly because of who they are or because they possess certain characteristics. A person also discriminates against a disabled person if they fail to comply with a duty to make reasonable adjustments.
It is really important that all individuals at work are provided with equal opportunities and are provided reasonable adjustments, where necessary. If an organisation were not to so this, a possible discrimination claim could be made. When a discrimination claim is made, evidence of this would need to be presented to the court. The evidence would need to show that the individuals has been treated unfairly and that the reason they have been treated unfairly is because of a protected characteristic, such as disability, sex, race etc…. The court will ultimately determine whether it is in fact discrimination of not.
If any organisation is unsure what reasonable adjustments can be made for an employee, it is recommended that the employee completes a Workplace Needs Assessment to ensure their difficulties are recognised and support. A Workplace Needs Assessment would also illustrate too the organisation ways in which this individual can be supported through the use of equipment, Line Manager support and through implementing personal recommendations independently.
For further information regarding the Disability Discrimination Act: https://www.legislation.gov.uk/ukpga/1995/50/contents
What are other organisations doing to adhere to the law and improve their inclusion:
Microsoft:
The Microsoft Autism Hiring Program launched in April 2015, with a goal of hiring people with autism for full-time positions. The program has a unique interview process. Instead of a sink-or-swim phone or in-person interview, Microsoft views it as more of an interview “academy.” It’s part interview and part workshop, the latter of which allows potential hires to more fully demonstrate their skills. The programme also included a choice of a number of adaptations to meet the needs of these candidates. For example, candidates can skip the phone screen altogether, applying through email instead. They're also allowed to use their own laptops to code, instead of doing it on a whiteboard.
Starbucks:
They don’t ask for a CV as a part of the recruitment process. Instead, they just get the candidates to fill out a tailored application form. By answering a certain set of personality-based questions, they have the opportunity to get to know people before inviting them to an interview. Starbucks only ask simple competency-based questions so the candidate can feel at ease. Starbucks Inclusion Academy program was designed to provide new employees with the skills and work experience in manufacturing and distribution. Additionally, they are provided with instructors for on-the-job and soft-skills practice. Starbucks also offer on-the-job training programs for people with cognitive and physical disabilities through Starbucks Inclusion Academy.
Google:
Before posting job descriptions the text is analysed and rephased to ensure bias against candidates applying is removed. They conduct a two-stage interview process: phone interview and in-person interview. The interviews themselves can vary slightly depending on how technical the job at hand is expected to be. For more technical positions, the interview process may include a shared Google Doc where the applicant can write code or algorithms and show them to the interviewer in real-time. This system allows the interviewer to ask technical questions that require a demonstration of skills. This is helpful for those that struggle to verbalise or explain their skills.
Accommodations for candidates are also made through the interview process: extended interview time, breaks between interviews, providing sign language interpreters and making specialised equipment available.
These organisations also continue to implement internal strategies to support employees with specific learning difficulties and disabilities once hired.
It is important to remember that all individuals with specific learning difficulties and neurological conditions can experience their difficulties differently to how another might. This suggests that not every strategy, equipment or technique implemented will support every single individual’s needs.
First, it needs to start with an open and honest conversation about where their difficulties lie. As there is no legal requirement to disclose, it is better to focus on what they struggle with rather than whether they have a specific diagnosis. Often when individuals feel supported in an organisation, they will often disclose a diagnosis.
In conclusion, it is important for all organisation to be aware of the laws and acts surrounding disability to ensure they are treating their employees fairly. Reasonable adjustments do not have to be expensive and if you are unsure of how to support your employees’ difficulties, consider booking in a Workplace Needs Assessment for them. To learn more about specific learning difficulties, consider ordering our NeuroTalent Unlocked Modules on Dyslexia, Dyspraxia, Dyscalculia, Autism Spectrum Condition and Attention Deficit Hyperactive Disorder.
Yvette Gibson, Psychologist, Lexxic