Discrimination – adjustments for candidates with Aspergers Syndrome

Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

In The Government Legal Service v Brookes, the EAT held that a job applicant with Aspergers Syndrome (AS) was discriminated against by being required to sit a psychometric test.

The EAT held that the PCP requiring applicants to pass the test put a group of people, such as Brookes, at a particular disadvantage compared with those who did not have AS. It was held that while the test served a legitimate aim, the means of achieving that aim were not proportionate. Brookes claim for indirect discrimination succeeded.

This case serves as a helpful reminder to ensure that when putting in place a provision in order to serve a legitimate aim, it should be considered whether the means of achieving the aim are proportionate and whether there are any other ways to meet the same aim.

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