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EEOC: High school diploma requirement might violate Americans with Disabilities Act

jamesrage

jamesrage

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This is certainly amusing.
EEOC: High school diploma requirement might violate Americans with Disabilities Act - Washington Times
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.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

I don't understand the problem.

So what if it does screen someone out who is too disabled to graduate? If a high school-level education is required for the job, then what is the problem with that? It's no different than a BA-level education being required for a job.

It is not discriminatory if the job requires X amount of education. And the EEOC confirms this.

I also don't understand why this diminishes incentive for able people to graduate. There aren't a whole lot of jobs you don't need at least a basic education to do. Those there are pay bare minimum wage, and are usually physically and psychologically stressful or at the very least monotonous. Even the most under-motivated people I can think of aim a little higher than that, if for no other reason than that living on our minimum wage is pretty close to impossible these days.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

This is crap from the EEOC. In fact, I have friend who is deaf and he sued the EEOC for discrimination and won! LOL!

The best was to circumvent this ridiculous EEOC threat is to write the job description so that it covers. If you need someone to read at a specific level as a requirement of the job you write that into the job description or have all applicants read a standard interview question/problem and then provide the verbal or written answer. I don't have a problem hiring someone without the requisite degree in some areas as long as they can perform the job without unnecessary direction. Professional level jobs require a BA and upper positions require an MA, (MS, yada yada).
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

SmokeAndMirrors said:
I don't understand the problem.

So what if it does screen someone out who is too disabled to graduate? If a high school-level education is required for the job, then what is the problem with that? It's no different than a BA-level education being required for a job.
Click to expand...

I guess employers could ask for certified evidence that an applicant possesses a given skill/knowledge/ability if the applicant lacks a high school diploma. However, the reality is that a Bachelor's Degree or above is increasingly the entry point in today's knowledge-driven economy. If the U.S. adopts rules that bar employers from seeking academic credentials, the U.S. will only undermine its own ability to compete effectively in the global economy while raising the costs/risks associated with hiring. In the long-run, as well-intentioned as such an approach might be, it would be counterproductive. One cannot decouple skills and job responsibilities expected in the global economy (still growing more demanding and more competitive).
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

donsutherland1 said:
I guess employers could ask for certified evidence that an applicant possesses a given skill/knowledge/ability if the applicant lacks a high school diploma. However, the reality is that a Bachelor's Degree or above is increasingly the entry point in today's knowledge-driven economy. If the U.S. adopts rules that bar employers from seeking academic credentials, the U.S. will only undermine its own ability to compete effectively in the global economy while raising the costs/risks associated with hiring. In the long-run, as well-intentioned as such an approach might be, it would be counterproductive. One cannot decouple skills and job responsibilities expected in the global economy (still growing more demanding and more competitive).
Click to expand...

But that would basically be a GED, if high school-level knowledge is required.

Do they also consider it discriminatory to require a GED? If not, then I guess I sort of see where they're going with this. The GED should be as good as a diploma. But if so, then I'm still confused, and agree completely with your analysis.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

The newer SE standards would result in a "disabled" student gaining access to an equivalency award for their diploma...not sure if this letter is referencing those who left HS before such standards were put into place...

And, additionally, most career-tech/work placement programs for the "disabled" provide transitional support and placement with employers who are trained/equipped to provide satisfying positions for the "disabled". Kroger's, one of the largest grocers in the country, actively employs "disabled" or "special needs" employees. Speaking with several of the local managers for a school project I learned that they actually prefer these employees because they're generally hardworking, reliable, and have much better availability than others who would be willing to work for the pay available (which is also well above minimum wage).
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

Are you f-ing kidding me? We're derailing as a nation.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

jamesrage said:
This is certainly amusing.
EEOC: High school diploma requirement might violate Americans with Disabilities Act - Washington Times
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.
Click to expand...

I do understand why this is happening. As a parent with a child that has Asperger's syndrome (like Dan Aykroyd has) there can be a stigma attached to various records that would have a damaging impact on their future since the syndrome is not fully understood by the general population. My daughter for example is near genius in some categories, yet somewhat lacking in others. She can read questions on a test and not fully comprehend the question, yet if the question is read aloud to her, she gets the answers right at a 98 percentile. Without going fully into the syndrome, this should be enough to show why this could be damaging to the young adults trying to garner work they could easily fulfill, yet various "reports" would surface that could impact their decision to hire, which would be a shame as many have the ability to work equally if not better than "normal people" in the same environment.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

SmokeAndMirrors said:
So what if it does screen someone out who is too disabled to graduate? If a high school-level education is required for the job, then what is the problem with that?
Click to expand...

Right. It says right in the article that if a high school education is required to do the job in any way, then there is no problem.

I don't know anything about this particular situation, but we should definitely not leap to any conclusions just based on something the Washington Times of all places said. They're totally round the bend.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

It's statements like this that explains why the government is so despised.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

It is what we have become, a nation of extremes where the voice of moderation and reason cannot be heard.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

After reading a little more about it, it's just the Washington Times being silly, as per usual. Somebody wrote in to the EEOC asking whether a high school diploma requirement could possibly violate the Americans with Disabilities Act. One of the lawyers that worked there just responded by explaining the standard from the ADA- that you can't exclude disabled people who are fully capable of doing a job from that job with requirements that aren't related to the job. That's it. The Times are totally looney toons in case anybody wasn't aware of that... You shouldn't let them get you upset until you actually look up whatever they're ranting about.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

I consider it a non-issue. The ADA does its job just fine with business. Furthermore, there are plenty of businesses who go out of their way to have connections with organizations that supply local and state businesses with workers who have disabilities.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

teamosil said:
After reading a little more about it, it's just the Washington Times being silly, as per usual. Somebody wrote in to the EEOC asking whether a high school diploma requirement could possibly violate the Americans with Disabilities Act. One of the lawyers that worked there just responded by explaining the standard from the ADA- that you can't exclude disabled people who are fully capable of doing a job from that job with requirements that aren't related to the job. That's it. The Times are totally looney toons in case anybody wasn't aware of that... You shouldn't let them get you upset until you actually look up whatever they're ranting about.
Click to expand...

Thanks for chasing that up. I was definitely confused by the intentionally misleading wording of story.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

Most jobs that have a requirement for a HS diploma, don't actually need that level of education, for the job to be completed.
And throw in, that it's true for lots of careers requiring a BS/BA.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

SmokeAndMirrors said:
But that would basically be a GED, if high school-level knowledge is required.
Click to expand...

In theory, absolutely. However, empirical research shows that outcomes for holders of a high school diploma are better than those with a GED. Those having a GED do better than those without either a high school diploma or GED.

http://www.acenet.edu/Content/NavigationMenu/ged/pubs/FINAL_Economicandnoneco.pdf
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

If this is true we are just continuing to make it harder and harder for businesses to operate here in the US.
 
Re: EEOC: High school diploma requirement might violate Americans with Disabilities A

muciti said:
If this is true we are just continuing to make it harder and harder for businesses to operate here in the US.
Click to expand...

It's not true, it's just a Washington Time flamebait. See above.
 
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