High School Diploma Requirement May Violate ADA: EEOC | Practical Law

High School Diploma Requirement May Violate ADA: EEOC | Practical Law

The EEOC recently published an informal discussion letter noting that a high school diploma job requirement may violate the ADA if it screens out individuals based on their disability, and is not job related and consistent with business necessity.

High School Diploma Requirement May Violate ADA: EEOC

Practical Law Legal Update 0-515-3549 (Approx. 3 pages)

High School Diploma Requirement May Violate ADA: EEOC

by PLC Labor & Employment
Published on 06 Dec 2011USA (National/Federal)
The EEOC recently published an informal discussion letter noting that a high school diploma job requirement may violate the ADA if it screens out individuals based on their disability, and is not job related and consistent with business necessity.
The EEOC recently published an informal discussion letter discussing whether an employer's requirement that applicants have a high school diploma violates the ADA. Under the ADA, a selection criterion may not screen out an individual or class of individuals unless the criterion is job related and consistent with business necessity. Therefore, because some individuals are unable to obtain a high school diploma because of learning disabilities, employers must demonstrate that the diploma requirement is job related and consistent with business necessity. However, even if the diploma requirement is job related and consistent with business necessity, employers may still have to determine whether a particular applicant whose learning disability prevents him from meeting it, can perform the essential functions of the job, with or without a reasonable accommodation.