5 ms·
"not having a disability" is not a protected class, nor is "neurotypical", so I think you can probably just do it.
by throw18376 3y ago
"not having a disability" is not a protected class, nor is "neurotypical", so I think you can probably just do it.
- klyrs 3y agoI'm pretty sure "disability status" cuts both ways. That said, this appears to be a recruitment firm. They aren't hiring people, they're matchmaking people with companies. I'm not sure how anti-discrimination laws would apply to this. I can imagine that if a company uses this recruiter and manages to erase that information before candidates meet the hiring team, it could be okay.
- throw18376 3y agoi don't actually know much about employment law, but as I understand it this is different from most of the other protected classes (race gender etc.) after googling I found this statement from the EEOC: https://www.eeoc.gov/foia/eeoc-informal-discussion-letter-320 https://www.eeoc.gov/foia/eeoc-informal-discussion-letter-32... "Favoring an individual with a disability over a non-disabled individual for purposes of affirmative action in hiring or advancement is not unlawful disparate treatment based on disability, and therefore does not violate Title I of the ADA.(1) Both the text of the ADA itself, as clarified by the ADA Amendments Act of 2008, and the EEOC's implementing regulations explicitly state that an individual without a disability cannot bring a claim of discrimination under the ADA."
- klyrs 3y agoAh, interesting. I wonder how (if) that will stand in the face of the Students for Fair Admissions ruling.
- fallingknife 3y agoI don't think it would, or should, but this isn't what's going on here. The idea isn't to hire disabled people over more qualified candidates. The idea is to hire disabled people whose disabilities actually make them more valuable for the role, and that's not discrimination based on disability status. It's more like the NBA hiring based on height.
- gnicholas 3y agoThe first thing that comes to mind is "what if a neurotypical person sued?", but the more troublesome legal development would be "what if a person with a different kind of disability sued?" That is, if a company is just hiring people with ASD, can someone with dyslexia sue, on the grounds that they're being discriminated against?
- Ygg2 3y agoAt what point is it not discrimination? Can you sue if you're completely incompatible with given job. Like deaf music reviewer.
- gnicholas 3y agoThe term of art is 'bona fide occupational qualification', or BFOQ for short: https://en.wikipedia.org/wiki/Bona_fide_occupational_qualification https://en.wikipedia.org/wiki/Bona_fide_occupational_qualifi...