Government proposals. Currently, employers are allowed to ask applicants if they are disabled, take medication or have health problems – even though it isn’t connected with the job for which they’re applying. To avoid discrimination, the government added to its Equality Bill (see our dispatch No. 090474) a provision encouraging businesses to not ask these questions, although they are still not illegal. Thus, article 60 provides that: “An employer should not ask whether a job applicant is disabled until that person has been able to successfully pass an interview” except in the following situations: 1/ for “making reasonable adjustments to enable the disabled person to participate in the recruitment process;” 2/ “monitoring diversity in applications for jobs;” 3/ “supporting positive action in employment for disabled people….” The same article provides that when an employer questions an applicant in situations other than those abovementioned, he will have to prove that there was no discrimination if the rejected candidate presses charges. Please note tat employers who gather information about applicants who accepted the offer will have to make “reasonable adjustments” of the workstation if the employee isn’t fit for it, or refuse to hire him with valid reasons justified by the company’s activity.
d, he will have to prove that there was no discrimination if the rejected candidate presses charges. Please note tat employers who gather information about applicants who accepted the offer will have to make “reasonable adjustments” of the workstation if the employee isn’t fit for it, or refuse to hire him with valid reasons justified by the company’s activity.
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