The National Human Rights Commission of Korea admonishes company for refusing to include testing accommodations
The National Human Rights Commission of Korea (NHRCK) recommended that Corporation “A” should develop reasonable protocols for testing accommodations for applicants with disabilities. This recommendation specifically refers to individuals with disabilities that will not hinder their job performance, such as college graduates unable to write without assistance.
The complainant, 24-year-old male known as “Kim,” has a grade two limb disability and a cerebral disability. His complaint stated, “I have difficulty writing properly because my hands shake uncontrollably, so I asked Corporation “A” to allow accommodations before the exam, such as an extended time allowance, a scribe to fill in the OMR (Scantron) answer sheet as I dictate or use of a laptop computer. The company refused to accommodate my request.”
The respondent believed that their denial of accommodations to be just, and stated that “This company does not have a history of offering testing accommodations for applicants with disabilities. It is not fair to provide such accommodations for one applicant when we consider other groups of disabled persons that do not receive testing accommodations. Additionally, the Civil Service Commission does not allow scribes for test takers—only enlarged answer sheets. Based on the situation, we declined the request.”
The Civil Service Commission, Seoul Metropolitan Government and the Gyeonggi-do Provincial Government were once recommended to accommodate persons with disabilities for exam purposes by the Commission. As a result, the aforementioned bodies allow scribes, tests in Braille or enlarged font, or use of a laptop computer for persons with cerebral or visual disabilities on judicial examinations, patent attorney examinations, teacher qualification examinations, college scholastic aptitude tests, and in selected employment examinations. The complainant was also a beneficiary of such services while in university, as writing proved difficult with his disability.
The NHRCK concluded that corporations or agencies offering employment examinations must be prepared to offer individual with disabilities with options for testing accommodations. This conclusion is supported by the Welfare of Disabled Persons Act and the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act; all enterprisers must provide accommodations such that applicants with disabilities may be fairly evaluated with consideration to their disability.
Additionally, the Commission found Corporation “A” negligent in responding to this request by the complainant, which is a discriminatory act. The Commission recommended that the company provide reasonable testing accommodations for applicants that suffer disabilities that hinder their ability to write properly. The Commission expects this recommendation to prompt other companies to offer such accommodations to applicants with disabilities for recruitment tests.
The National Human Rights Commission of Korea was established in 2001 to promote human rights education and defend those who have experienced discrimination, or have had a right violated, in Korea. The Commission offers counseling, full investigation and protection for citizens, along with educational initiatives for organizations.
