Wednesday, January 10, 2007

Colour blind rejection could be discriminatory

from The Journal Online
the online members magazine of the Law Society of Scotland

Sex discrimination case threat for male-only medical condition


Strathclyde Police could be facing a number of sex discrimination cases brought by potential male recruits rejected for a form of colourblindness.

The force has rejected eight candidates in the last two years for the condition, which is usually only found in men. However, a recent legal case in England ruled that a colourblind officer had been the victim of indirect sexual discrimination by Herefordshire Constabulary for this reason.

Robin Dixon from East Kilbride, who has difficulties distinguishing between shades of green, was rejected by Strathclyde Police, despite being told that he would have made a good constable. He took his case to an employment tribunal, but his claim was rejected because it was time-barred.

The Disability Rights Commission's head of Scottish legal affairs, Lynn Welsh, said the issue should be made clearer, as it depended on whether an individual's colourblindness would have a substantial impact on their ability to do the job.

A spokesperson for Strathclyde Police said the force was unable to comment on the issue because Mr Dixon had lodged an employment tribunal appeal.

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