Eversheds
comment: Equality Bill to enhance disability rights

The
Equality Bill is due to be debated in the House of Commons on 2 December, with
Harriet Harman expected to propose an amendment that would make it easier for
disabled job applicants to prove unlawful discrimination if they are asked
about their health in the early stages of a recruitment exercise and then
turned down without being invited to an

interview.
Audrey Williams, Partner and Head of Discrimination Law at international law
firm Eversheds comments:

“The Government has suggested adding quite a complex new clause to the
Bill that employers will need to be wary of. Employers won’t be prevented from
checking that a prospective employee is able to do the job. However, if the law
is passed it will usually be sensible to refrain from asking about a
candidate’s health until the later stages of a recruitment exercise. As an
exception, it will still be acceptable to ask an applicant if there are any
adjustments that should be made to the recruitment process itself to compensate
for the effects of a medical condition.”

7 December 2009