EEOC to Employers: Requiring H.S. Diploma May Violate Disabilities Act

By:  Brian Koenig
01/03/2012
       
EEOC to Employers: Requiring H.S. Diploma May Violate Disabilities Act

Employers across the country are facing new concerns related to federal oversight in hiring, as a letter from the Equal Employment Opportunity Commission (EEOC) warns that requiring a high-school diploma from a job applicant might infringe on the Americans With Disabilities Act (ADA). The revelation has some employment analysts concerned that the commission’s guidance will generate an educational backlash by shackling the incentive for students to graduate from high school, as well as subjecting employers to frivolous lawsuits and spawning a new industry for lawyers.

In an "informal discussion letter" posted on the commission’s website on December 2, EEOC Office of Legal Counsel staff members asserted that under ADA standards, a qualification test or other selection criterion, such as a high-school diploma requirement, that "screens out an individual or a class of individuals on the basis of a disability must be job related for the position in question and consistent with business necessity." A qualification standard, the letter notes, is "job-related" or "consistent with business necessity" if it accurately measures the applicant’s ability to perform the job’s fundamental duties. Thus, the letter reads:

Employers across the country are facing new concerns related to federal oversight in hiring, as a letter from the Equal Employment Opportunity Commission (EEOC) warns that requiring a high-school diploma from a job applicant might infringe on the Americans With Disabilities Act (ADA). The revelation has some employment analysts concerned that the commission’s guidance will generate an educational backlash by shackling the incentive for students to graduate from high school, as well as subjecting employers to frivolous lawsuits and spawning a new industry for lawyers.

In an "informal discussion letter" posted on the commission’s website on December 2, EEOC Office of Legal Counsel staff members asserted that under ADA standards, a qualification test or other selection criterion, such as a high-school diploma requirement, that "screens out an individual or a class of individuals on the basis of a disability must be job related for the position in question and consistent with business necessity." A qualification standard, the letter notes, is "job-related" or "consistent with business necessity" if it accurately measures the applicant’s ability to perform the job’s fundamental duties. Thus, the letter reads:

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