amendment to Equality Bill concerning recruitment health
questionnaires
A late amendment to the Equality Bill has been put forward in
the House of Lords to deter employers from asking candidates
questions about their health until they have shown they meet some
of the non-health criteria of a job. It is argued that many
employers use pre-employment questionnaires to discriminate against
people who declare a disability before selection for interview or
other stages. Exceptions would be made where enquiries are in order
to make reasonable adjustments to enable a disabled person to
participate in the recruitment process, for monitoring diversity in
job applications, and for supporting positive action. Employers
would be able to screen people about their health once a job offer
has been made in order to make reasonable adjustments or where
necessary withdraw the offer, provided this can be properly
justified. Employers who ask health or disability-related questions
before the job offer stage might be required to prove to an
employment tribunal that they did not discriminate if the
individual did not get the job.
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