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EEOC Releases Additional Guidance on High School Diploma Requirements and the ADA
Practical Law Legal Update 1-518-0830 (Approx. 3 pages)
EEOC Releases Additional Guidance on High School Diploma Requirements and the ADA
by PLC Labor & Employment
| Published on 21 Feb 2012 • USA (National/Federal) |
The Equal Employment Opportunity Commission (EEOC) has released additional guidance on when an employer potentially violates the Americans with Disabilities Act (ADA) by requiring employees to have a high school diploma.
Background
On November 17, 2011, the EEOC released an informal discussion letter on the legality of high school diploma requirements under the ADA. This letter stated that employers must demonstrate that a high school diploma requirement is job related and consistent with business necessity, because learning disabilities prevent some individuals from obtaining a high school diploma. However, even when the diploma requirement is job related and consistent with business necessity, employers may still have to determine whether an applicant who lacks a diploma because of a learning disability can perform the essential functions of the job, with or without a reasonable accommodation.
Additional Guidance
Recently, the EEOC issued a set of FAQs that clarify the implications of the informal discussion letter. According to the EEOC, the letter caused some confusion regarding employers' right to require a high school diploma. The FAQs explain that:
- Although employers may still require job applicants to have a high school diploma, employers:
- may have to allow those who lack one because of intellectual disabilities to demonstrate, in other ways, their ability to do the job; and
- can ask applicants to demonstrate that they have a disability that prevents them from receiving a high school diploma.
- Job applicants who lack a high school diploma simply because they chose not to seek one are not protected by the ADA. The ADA protects those who cannot obtain a high school diploma because of an intellectual disability.
- Employers can still choose the best qualified person for the job, even if an applicant who lacks a high school diploma demonstrates his ability to do the job.
Practical Implications
Employers may still require a high school diploma for job openings if they meet the criteria that apply to all other requirements that potentially exclude individuals with disabilities from certain jobs.