Dyslexia accomodation
Karla
28 Posts
I have a long term employee who has bid into the maintenance department who is good at doing maintenance work (he has been in maintenanc here before). The problem is the new Manager of the department has a computer testing program that the employee must score 80% on to be "qualified" for the maintenance job. After weeks of frustration, the employee told the Manager he has dyslexia and is having trouble with the computer tests. The Manger knows this guy is going to be a good maintenance employee, but the employee has only been able to score 75% on the tests (getting one more right would be 80%).
The Manager does not want to go through the time and expense of getting an interpreter, and/or subjecting the employee to the embarassment of such to get just one more question right to achieve the 80% score to qualify. The Manager would rather give a concession to this employee and let him pass at 75% due to his dyslexia. Does anyone see a problem with changing the passing score due to the dyslexia? Like I said, this employee is a proven commodity. Thanks.
The Manager does not want to go through the time and expense of getting an interpreter, and/or subjecting the employee to the embarassment of such to get just one more question right to achieve the 80% score to qualify. The Manager would rather give a concession to this employee and let him pass at 75% due to his dyslexia. Does anyone see a problem with changing the passing score due to the dyslexia? Like I said, this employee is a proven commodity. Thanks.
Comments
They do both computer testing and skills based testing. The only person who knows the passing scores is the Manager so far. BUT the employee would know the Manager made a concession if he let him pass at 75% instead of 80%. Yes, we are a union and I am a little nervous about not being as consistent as possible. Any other thoughts?
What evidence is thtere that taking this test and then scoring 80% is any indication that only those individuals are most likely to perform the duties successfully on the job? Has the test been validated?
How long has the current emplyee being doing the job successfully without taking the test and without scoring 80%?
Dyslexia has been held to be a disability under ADA. Whether it is for this employee of course requires the interactive process. But if it turns out that he is disabled, and IF the test turns out to be a BFOQ, and 80% is valid, then reasonable accommodaiton may need to be provided.
After all, is it the terst itsself that is the BFOQ or what it measures? MMost likely it's the later, and reasoanble accommodaiton could allow the emplyee to take the test or some other equivalent measure and meet the cretiria of 80%
If the test is what needs to be done, then a reader and additional time to take the test are reasonable accommdations.
From what I've gathered from the Manager - this computer program (from Prime Media) goes over the basics of mechanical and electrical concepts. We know how to do it, but why does it work this way. Several of the maintenance employees who have been through this have found it very informative and helpful. It seems to measure the basic understaning of the concepts of mechanics and electrical. I am working on finding out if it is validated. My first instinct is to say no, it is not validated as a "test" but more as a training tool that happens to have tests with it. The Manager came up with the 80% passing score. As it stands right now I told the Manager he is not to change the score and to start the interactive process with the employee (like verbal questions, etc.). I am digging into the validation while he is doing this. The intent of the new testing is to help the maintenance employees be more prepared and knowledgeable when going into the field and not just get "thrown" into it.
So, this leads me to ask for more help. I am not an expert on test validation and understand that most of the departments here have tests the current employees take to "qualify" for the job they bid on. I've seen some of them and they are very department specific. Some questions include showing (physically) how to shut down large dryers, others include how does this affect that type questions. All very specific to each department. If someone does not qualify for the job they bid on, they go back to the job where they came from. Where do I go from here? I do believe these tests measure what they are intended to for each department and if someone is not able to go through them and pass, we could have a catastrophe on our hands (safety).
However, as a start, take a look at the EEOC reguations regarding selection and testing, inclduing validations at
[url]http://www.access.gpo.gov/nara/cfr/waisidx_02/29cfr1607_02.html[/url]
So, accomodate if the disability is real and jump over the 80% hurdle.