(indirect) discrimination of disablity at interview?

sharpsharp
sharpsharp Posts: 15 Forumite
I went for a job interview and as part of it they wanted a personality test done beforehand, and the interview rather than be asked normal questions was questions based on your answers for example about controlling your emotions and empathy.

I am autistic and recovering from mental health problems I made them aware of the autism at interview but they rejected me based on my answers about my emotions
I feel this is unfair as it doens't show my actual work capability and a normal interview method would do so, not arguing their right to an opinion but wondering if in some form its discrimination to not take that into account.
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  • sharpsharp wrote: »
    I went for a job interview and as part of it they wanted a personality test done beforehand, and the interview rather than be asked normal questions was questions based on your answers for example about controlling your emotions and empathy.


    I am autistic and recovering from mental health problems I made them aware of the autism at interview but they rejected me based on my answers about my emotions.


    I feel this is unfair as it doens't show my actual work capability and a normal interview method would do so, not arguing their right to an opinion but wondering if in some form its discrimination to not take that into account.

    I'm not understanding why you even whilst autistic cannot answer questions on empathy and emotions?

    Were you specific in how you wanted an adjustment?


    Asking them to ignore half of their process probably doesn't come under reasonable IMO
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • sharpsharp
    sharpsharp Posts: 15 Forumite
    I'm not understanding why you even whilst autistic cannot answer questions on empathy and emotions?

    Were you specific in how you wanted an adjustment?

    Asking them to ignore half of their process probably doesn't come under reasonable IMO


    Being autistic my understanding of emotions is limited but I still am aware of certain things, I struggle to pick up on certain things or self aware but that doesn't mean I am unskilled I can for example in a working enviroment pick up when a customer is irate or a supervisor is having a bad day and such, or a customer is anxious.


    But the flaw is that I can only pick on on what is right in front of my face (or I can hear on the phone) rather than fake emotions.


    What I meant by discrimination is that I don't have the deeper understanding of emotions but I can use it in the workplace, the questionaire they gave before interview didn't mention about workplace or personal life and I knew it was designed to catch people out.
  • Brynsam
    Brynsam Posts: 3,643 Forumite
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    sharpsharp wrote: »
    the questionaire they gave before interview didn't mention about workplace or personal life and I knew it was designed to catch people out.

    It may have been designed to weed out unsuitable candidates, not catch them out.

    If the ability to empathise, understand emotions etc is important in the role you applied for, it is a bit difficult to see how you would be comfortable in such an environment. Choosing the best person for the job is good commercial sense on the part of a prospective employer, not discrimination.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    sharpsharp wrote: »
    Being autistic my understanding of emotions is limited but I still am aware of certain things, I struggle to pick up on certain things or self aware but that doesn't mean I am unskilled I can for example in a working enviroment pick up when a customer is irate or a supervisor is having a bad day and such, or a customer is anxious.


    But the flaw is that I can only pick on on what is right in front of my face (or I can hear on the phone) rather than fake emotions.


    What I meant by discrimination is that I don't have the deeper understanding of emotions but I can use it in the workplace, the questionaire they gave before interview didn't mention about workplace or personal life and I knew it was designed to catch people out.



    But what's the job? Presumably they asked all applicants these questions. I think - In their opinion you would not, even with reasonable adjustments, be able to do the job.


    That's not discrimination.
  • sharpsharp
    sharpsharp Posts: 15 Forumite
    edited 9 August 2018 at 3:57PM
    Comms69 wrote: »
    But what's the job? Presumably they asked all applicants these questions. I think - In their opinion you would not, even with reasonable adjustments, be able to do the job.

    That's not discrimination.


    Call centre staff which I already have almost 6 years experience in of which one was for a medical based role and I dealt with sick and bereaved customers so needed empathy for the role.


    Some of the questions asked things like "do you find life enjoyable" Others are more understandable like "do you effectively work with people" Then there was ones about coping with stress, motivation and such


    The pre interview email did outright state the interview questions would be based on my responses to the questionaire so they would of had to choose ones that stood out which of course were related to issues with my autism as they never asked me questions on the purely work related questions/answers.


    I can understand why they focus on certain questions but the ones they did I struggled with due to my various disabilities autism being one of them which don't reflect my actual work skills.

    Brynsam wrote: »
    It may have been designed to weed out unsuitable candidates, not catch them out.

    If the ability to empathise, understand emotions etc is important in the role you applied for, it is a bit difficult to see how you would be comfortable in such an environment. Choosing the best person for the job is good commercial sense on the part of a prospective employer, not discrimination.


    I am actually very empathetic thats something I see as a positive I even gave an example at the interview but was difficult since they wanted short and direct answers not like a regular interview I was praised at former call centre due to how good I was and how I would get customers ring back just to praise my performance and even the supervisors/managers said I went above and beyond.


    What I believe happened is in a interview setting I cannot show my actual skills, I admit to being more anxious when being assessed as unlike the actual training and workplace you don't know company policies and can't use computer to get information.
  • Undervalued
    Undervalued Posts: 8,851 Forumite
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    It is not unlawful to reject a disabled applicant if they are unable to adequately do the job, despite reasonable adjustments being made.

    Their interview process was, presumably, designed in a way that they believed would assess the skills they felt necessary. I am not totally clear if you feel the assessment should have been different as, due to your disability, they would have gained the wrong impression of your skills?

    That, if reasonable, could presumably have been done only if they had prior knowledge of your disability or if they called you back for some different assessment on another day.

    Or are you saying you feel they rejected you due to your disability without considering if reasonable adjustments would have allowed you to do the job satisfactorily?

    The extent of "reasonable adjustments" can vary hugely. With a senior highly skilled post it may be reasonable even to employ a full time assistant to enable the disabled person to do the job. Clearly that would be totally non viable for a more ordinary job in a small company.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    In all honesty, if the role needed those skills you'd have been unhappy if you'd been picked without that test to "weed you out" as they become dissatisfied with you when you failed to respond in a way they expected.

    With such a rigid and fixed HR recruiting process, it's probably done you a favour as maybe their environment wouldn't have been "for you" in the medium-long term and would have just made you unhappy and feeling like poo for not being able to operate in a way they automatically expected.

    It's not you .... it's the system.

    I, too, am on the scale and would rather "be out of it" and not find myself unhappy and floundering in a role that depended in any way on the interpretation of the random and bizarre behaviours of NTs.
  • sharpsharp
    sharpsharp Posts: 15 Forumite
    It is not unlawful to reject a disabled applicant if they are unable to adequately do the job, despite reasonable adjustments being made.

    Their interview process was, presumably, designed in a way that they believed would assess the skills they felt necessary. I am not totally clear if you feel the assessment should have been different as, due to your disability, they would have gained the wrong impression of your skills?

    That, if reasonable, could presumably have been done only if they had prior knowledge of your disability or if they called you back for some different assessment on another day.

    Or are you saying you feel they rejected you due to your disability without considering if reasonable adjustments would have allowed you to do the job satisfactorily?

    The extent of "reasonable adjustments" can vary hugely. With a senior highly skilled post it may be reasonable even to employ a full time assistant to enable the disabled person to do the job. Clearly that would be totally non viable for a more ordinary job in a small company.


    I did make them aware of the autism before they started asking the questions as well as mention it at the previous phone interview.


    I agree about reasonable adjustment I don't want preferential treatment even if it seems that way but understanding that certain things I would struggle to convey I know that once in a role I would shine.


    I have a council member of staff who offered to sit in with me first week when I get a job as well as get taxis to work and back but I feel I don't need that as I have the skills for these roles its just getting that point across effective due to various disabilities/learning difficulties.
  • sharpsharp
    sharpsharp Posts: 15 Forumite
    In all honesty, if the role needed those skills you'd have been unhappy if you'd been picked without that test to "weed you out" as they become dissatisfied with you when you failed to respond in a way they expected.

    With such a rigid and fixed HR recruiting process, it's probably done you a favour as maybe their environment wouldn't have been "for you" in the medium-long term and would have just made you unhappy and feeling like poo for not being able to operate in a way they automatically expected.

    It's not you .... it's the system.
    I, too, am on the scale and would rather "be out of it" and not find myself unhappy and floundering in a role that depended in any way on the interpretation of the random and bizarre behaviours of NTs.

    With my autism my main flaw is self awareness of my own emotions and certain types of picking up other peoples if someone asks me how I felt I would say fine even if I was drained or having a bad day because I was coping, if someone else was coping even though they were stressed it would be hard for me to pick up on apart from a few small noticable things like certain body movements, tone of voice all that the issue would be would I could not tell how severe their problem was just they had one unless they were clearly agitated.

    In a call centre enviroment you can hear peoples anxieties, from things like tone and speed of voice, if they are irate and from what they tell you on phone.

    I knew I can do the role as its pretty much the same as my years of experience which I was praised for at each call centre I worked out just been out of work a few years after I lost last job as the company closed and my partner died a few months later.
  • shortcrust
    shortcrust Posts: 2,697 Forumite
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    Their perfectly legitimate recruitment approach didn't suit you and you didn't get the job. Hundreds, perhaps thousands of people have had the same experience today and it has nothing to do with autism or discrimination.
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