Prohibit pre-employment enquiries
We recommend that employers are prohibited from asking questions about a job applicant’s health or disability prior to making a job offer (on a conditional or unconditional basis); except in certain specified circumstances.
The inclusion of health or disability questions in a job application form or a medical questionnaire can deter disabled people from applying for the job in question. Prohibiting such questions (except in permitted circumstances) is also designed to reduce discrimination by some employers against disabled applicants, who reject the disabled person’s application once they become aware of the person’s disability.
Employers can still, for example, ask health related questions in order to establish whether the person requires reasonable adjustments during the recruitment process; or whether or not the applicant is able to undertake a function that is intrinsic to the job (with reasonable adjustments in place, as required); or in order to monitor diversity in the workplace.
It is of note that over a 12 month period (1 April 2010-31 March 2011), we received 32 enquiries from individuals who believed that they were not appointed to a post or shortlisted for a job due to their disability.
These changes will ensure greater protection for disabled applicants against unlawful discrimination when seeking employment and are in line with changes which have been implemented in Great Britain.
16 For example, there is a free standing right giving protection against harassment under the race equality legislation across both employment and non-employment areas (on the grounds of race, ethnic origin and national origin only).