- Arkansas voter ID law struck down by state judge
- FDA proposes ban on e-cigarette sales to minors
- Bad omen? Italian man crushed to death by John Paul II crucifix
- Company stopped from accepting abortion waste
- Girl surprises Michelle Obama with unemployed dad’s resume
- ‘Harry Potter’ religion class seeks to enlighten students on ‘God, sin, and theodicy’
- ‘Optionally piloted’ Black Hawk helicopter clears tests; future missions to go ‘fully unmanned’
- Vice News reporter kidnapped in Ukraine is freed after being beaten, blindfolded
- FCC’s new ‘net neutrality’ proposal sparks outrage among consumer advocates
- Families of ferry’s lost confront South Korean officials
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 whether 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 criterion for screening potential employees, must be “job-related for the position in question and consistent with business necessity.” The letter was posted on the commission’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,’” the EEOC explained.
The commission’s advice, which does not carry the force of law, is raising alarms among employment-law professionals, who say it could carry far-reaching implications for businesses.
Maria Greco Danaher, a lawyer with the labor and employment law firm Ogletree Deakins, said the EEOC letter means that employers must determine whether job applicants whose learning disabilities kept them from obtaining diplomas can perform the essential job functions, with or without reasonable accommodation. She said the development is “worthy of notice” for employers.
“While an employer is not required to ‘prefer’ a learning-disabled applicant over other applicants with more extensive qualifications, it is clear that the EEOC is informing employers that disabled individuals cannot be excluded from consideration for employment based upon artificial barriers in the form of inflexible qualification standards,” she wrote in a blog post.
Mary Theresa Metzler, a lawyer with Ballard Spahr in Philadelphia, said there may be an “unintended and unfortunate” repercussion of the EEOC’s discussion: “There will be less incentive for the general public to obtain a high school diploma if many employers eliminate that requirement for job applicants in their workplace.”
Officials at the EEOC said the letter in question addressed “a particular inquiry” and disputed that it would have repercussions in secondary education.
“No, we don’t think the regulation would discourage people from obtaining high school diplomas,” said Peggy Mastroianni, legal counsel for the EEOC. “People are aware that they need all the education they can get.”
She said the letter does not offer a new interpretation of the ADA.
Jeanne Goldberg, a senior lawyer/adviser at the agency, said the issue would come up only when high school graduation standards are not related to a specific job.
“This would never arise when the high school diploma is in fact necessary to do a job,” she said.
“The EEOC may be inclined to test its view on the high school diploma requirement and its impact on the disabled in a court case,” said Ms. Metzler, who is advising clients to “review their job descriptions to determine if a high school degree is truly necessary, or would aid the employee in performing the essential functions of the particular job.
© Copyright 2014 The Washington Times, LLC. Click here for reprint permission.
About the Author
Dave Boyer is a White House correspondent for The Washington Times. A native of Allentown, Pa., Boyer worked for the Philadelphia Inquirer from 2002 to 2011 and also has covered Congress for the Times. He is a graduate of Penn State University. Boyer can be reached at firstname.lastname@example.org.
- Obama reaffirms support of Japan as China's claim to islands raises tension in region
- U.S. warns Russia on military posturing; Russia warns Ukraine on killings
- Obama marks Armenian massacre, avoids using the word 'genocide'
- Protesters, police clash in Philippines ahead of Obama visit
- Obama avoids 'red line' for China, prepared to impose tougher sanctions on Russia
Latest Blog Entries
- Obama and Boehner congratulate U.S. men's hockey on win over Russia
- Americans say income gap will shrink if government butts out, poll shows
- WH spokesman Jay Carney recognizes beard's 'insufficiency,' shaves it off
- Obama misses deadline again on budget
- Biden burns rubber in driveway, laments road restrictions
TWT Video Picks
By Tammy Bruce
Only IRS employees could expect rewards for failing to pay their taxes
- Holder cancels appearance in OKC amid angry protests
- 'Top Gun' for drones: Squadrons of carrier-based killers have Navy's approval
- In its hunt for Senate, Republican candidates campaign against Harry Reid
- America is an oligarchy, not a democracy or republic, university study finds
- Obamacare class-action suit opens a new legal front
- Sold out: Ukraine's leadership swapped best military weapons for cash
- Justice at last: 'Evil woman' outed for grabbing girl's game ball
- Gun control supporters send message to NRA
- Nevada rancher Cliven Bundy hailed as patriot, ripped as lawless deadbeat
- Nevada rancher's racial remarks cost him range of support
Top 10 handguns in the U.S.
Celebrity deaths in 2014