Making the dumbing-down of America complete? EEOC: High school diploma requirement might violate Americans with Disabilities Act
Employers are facing more uncertainty in the wake of a letter from the Equal Employment Opportunity Commission warning them that requiring a high school diploma from a job applicant might violate the Americans with Disabilities Act.
The development also has some wondering if the agency’s advice will result in an educational backlash by creating less of an incentive for some high-school students to graduate.
The “informal discussion letter” from the EEOC said an employer’s requirement of a high school diploma, long a standard criteria for screening potential employees, must be “job-related for the position in question and consistent with business necessity.” The letter was posted on thecommission’s website on Dec. 2.
Employers could run afoul of the ADA if their requirement of a high school diploma ” ‘screens out’ an individual who is unable to graduate because of a learning disability that meets the ADA’s definition of ‘disability,’ ” theEEOC explained.
The commission’s advice, which does not carry the force of law, is raising alarms among employment-law experts who say it could carry far-reaching implications for businesses.
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