My husband took an apptitude test where he works. They are firing people who dont pass it. He can't read very well So if he looses his job can we get unemployment? Is that discrimaination if they fire him?
It is not discrimination in any way to have him take a test.
As illiteracy is not a disability, and thus not covered by the Americans with Disabilities Act (ADMA) they are not required to make special accommodations by helping him read the test they have given him.
No matter how unethical you think it might be, the employer has done nothing wrong in the eyes of the law.
It is no different than random drug testing, or random performance evaluations.
However, if the test was not administered to everyone in equivalent positions, and to him only, then the employer did specifically target him. If that is the case, and the playing field wasn't level for everyone, then you may have a case.
No. It has to do how well he does on his test. Discrimination is if he loses a job or has problems because of his race, beliefs, sexual orientation. I do think it's a bad way to be as an employer but nothing can trace back to discrimination this way. It may be subliminal? But you can't sue over a test that isn't passed.
