In recruitment, where a job applicant with Asperger's is required to undertake a situational judgment test as part of the first stage of a process, this illustrates which form of discrimination?

• A. Direct discrimination
• B. Harassment
• C. Indirect discrimination
• D. Allowable discrimination

Answer: (C)

Indirect discrimination happens when a policy or practice that seems neutral ends up putting a protected group at a disadvantage. Requiring everyone to take a situational judgment test is a neutral screening step, but for someone with Asperger’s, tasks that rely heavily on interpreting social cues and nuanced interpersonal dynamics can be more challenging. That means the test can disproportionately disadvantage this applicant compared with others, even though no one is explicitly singled out for having Asperger’s.

The key idea is that the disadvantage arises from the test’s nature and its impact on a group defined by a disability, not from a stated bias against that group. If the employer can show the test is a proportionate means of achieving a legitimate job-related aim and can offer reasonable adjustments or alternative assessments, the issue might be addressed. But in its neutral form, it exemplifies indirect discrimination rather than direct discrimination, which would require explicitly treating people with Asperger’s less favorably.