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Accessibility Guidelines UK Practical Information on Testing Candidates Who May Require Reasonable Adjustments

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Accessibility Guidelines UK Practical Information on Testing Candidates Who May Require Reasonable Adjustments Accessibility Guidelines UK Practical information on testing candidates who may require reasonable adjustments Laura Cross, R&D Consultant Contents 4 About this document 5 Legislation 5 UK Equality Act 2010 5 Defining ‘Disability’ 6 Types of disability discrimination 6 Implications for testing 7 Reasonable adjustments 7 What is a reasonable adjustment? 8 Key considerations 9 Test administration for specific disabilities 9 Candidates with visual disabilities 10 Candidates with hearing difficulties 12 Candidates with physical disabilities 13 Candidates with dyslexia 14 Candidates with neurodiverse conditions 16 Online testing and web accessibility 17 Scoring and interpretation 17 Interpreting test scores 18 Increased error 19 Assessment outcomes 20 References 21 Other useful resources Disclaimer Test administrators must make reasonable adjustments to ensure candidates and employees with disabilities, or physical or mental health conditions, aren’t substantially disadvantaged when completing a test. Therefore, requests for a reasonable adjustment should be taken very seriously. When supporting an individual with a reasonable adjustment, the most important source of information is the individual requesting it. We recommend that you work with them to identify any issues and implement such adjustments as are reasonable and possible in the context of the assessment. Adjustments should be considered on a case by case basis, and legal advice sought, where necessary. Test administrators should adopt a consultative approach and work with the individual and test provider to determine the best course of action. This document is designed to offer some initial guidance around the topic and does not provide an exhaustive list of recommendations or constitute any form of advice, nor should it be interpreted as such. It outlines some of the key challenges that candidates with specific disabilities might face. It is recommended that further research is carried out when offering a reasonable adjustment and, if necessary, legal advice is sought. 3 About this document The following document is designed to provide introductory information and guidance for administrators of psychometric tests and online assessments. The purpose is to highlight the most important considerations to be made when using these types of tests. In this document, specific reference is made to UK legislation in the context of making reasonable adjustments in psychometric assessment. It will therefore be most relevant to organisations applying these assessments in the UK. Nonetheless, the general principles and guidance for good practice set out in this document may also be useful for people applying psychometric assessments in other countries. Administrators should always ensure they fully understand and act in accordance with any local applicable legislation in their country relating to equality and to discrimination of people with disabilities. The usage and appropriate deployment of psychometric tests can vary significantly depending on the type of test, the candidate, how the test is being used and the decisions being made by the organisation using the tests. Therefore, it is important to note that, due to that complexity, there is no set approach that test administrators should follow. Nevertheless, it is good to get a baseline understanding of some of the considerations. The aim of this document is to help with that. This document will cover the following areas: 1 Legislation Relevant legislation relating to disability discrimination in the workplace and the implications for testing 2 Reasonable adjustments Key considerations when making a reasonable adjustment 3 Test administration for specific disabilities Considerations when testing individuals with specific disabilities 4 Online testing and web accessibility Administering tests online and the guidelines for web accessibility 5 Scoring and interpretation of results Scoring and interpreting test results from accommodated test sessions The following information has been produced using a number of resources as listed in the References section. Note that these references were assembled in October 2020 and we would recommend all clients to supplement this document with their own research. Please refer to these resources for more information or contact PSI directly for support with any of the information provided within this guide. 4 Legislation UK Equality Act 2010 What is the law? The UK Equality Act 2010 legally protects people from discrimination in the workplace and wider society. It replaces previous anti-discrimination laws (including the Sex Discrimination Act 1975; Race Relations Act 1976; and Disability Discrimination Act 1995) with a single Act. It sets out the different ways in which it is unlawful to treat someone.19 The Act covers nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. For full details of the legislation, visit: www.legislation.gov.uk/ukpga/2010/15/contents Defining ‘Disability’ Disability is one of the nine protected characteristics covered by the Equality Act 2010. The Act defines ‘Disability’ as: A physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.19 This definition can be broken down as follows:15 Impairment – can be physical or mental; or may have elements of both. The impairment may not be easily visible (e.g. in the instance of mental health). It is not necessary to establish a cause for the impairment, and it may or may not result from illness. Substantial adverse effect – more than minor. A limitation that goes beyond normal differences in ability. This may not always be present and may fluctuate or change. Long-term – lasting at least a year. May be lifelong or recur. Normal day-to-day activities – activities that people do on a regular basis that may require co-ordination, speech, hearing, eyesight, mobility, memory, ability to concentrate, learn or understand, etc. 5 Types of disability discrimination Unlawful discrimination may be ‘direct’ or ‘indirect’: Direct discrimination – when persons with a particular characteristic are treated differently, and less favourably than others, and the treatment is not a proportionate means of achieving a legitimate aim, e.g. a job applicant being treated less favourably because of something arising in consequence of their disability.15 Indirect discrimination – when a provision, criterion or practice is applied to everyone in the same way, but puts persons with a particular characteristic at a disadvantage, and is not a proportionate means of achieving a legitimate aim, e.g. a job applicant being unfairly disadvantaged during a recruitment process for reasons that are not related to their comparative ability to fulfil the requirements of the job.15 The Act also defines two additional types of discrimination which apply solely to the protected characteristic of disability: Discrimination arising from disability – when persons are treated unfavourably, not because of the disability itself, but because of something linked with their disability. A disabled person claiming this type of discrimination does not have to compare their treatment to how someone else is treated.1 Failure to make ‘reasonable adjustments’ – the Act imposes a duty for employers to make reasonable adjustments so that disabled persons are not placed at a substantial disadvantage compared to others. The Act defines a ‘reasonable adjustment’ as a change or adaptation to a recruitment process or work environment that has the effect of removing or minimising the impact of the individual’s impairment.1 Implications for testing What are the implications of the Equality Act 2010 for testing candidates with disabilities? This Act constitutes a legal obligation for hiring professionals in the UK to ensure that their assessment and selection processes comply with the requirements of the Act.19 The primary obligation here is that selection processes should be fair and not discriminate against any of the nine protected characteristics. The Act requires employers to take steps to ensure that disabled people are not put at a disadvantage because of their disability by avoiding situations where a provision, criterion, practice, or physical features substantially disadvantage a disabled person.15 Accordingly, hiring professionals must be mindful of their legal obligations as potential employers and of the rights of disabled people when designing their selection processes. In instances where the testing process may disadvantage disabled job applicants, the employer should consider making reasonable adjustments to the testing process to accommodate the needs of disabled candidates. 6 In the event that a testing process is found to disadvantage individuals with a disability, employers must be able to show that this is a proportionate means of achieving a legitimate aim15 – in this instance, that it tests an attribute that is critical for the job and cannot be met by making reasonable adjustments to the jobholder’s work environment or responsibilities. To this end, the selection process should be designed with the primary aim of selecting the best applicant for the job, irrespective of whether or not they are disabled. 16% of the working age population in the UK have a disability Reasonable adjustments Psychometric tests are inherently designed to be a fair and objective method
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