EEOC Says a High School Requirement Might Violate the ADA

An “informal discussion letter” released by the Equal Employment Opportunity Commission (EEOC) in November of 2011 stated that employers who require a high school diploma in order to be hired by them may be violating the Americans with Disabilities Act. This “opinion” has definitely caught the attention of employers across the country which may have a similar policy in place.

The EEOC argues that employers could be denying employment to individuals who are capable of doing a job, but incapable of obtaining their high school diploma due to a learning disability that meets the ADA’s definition. The employer should be able to demonstrate that a high school diploma requirement is job related and a “business necessity.”

Opposition to the opinion from the EEOC believes that there will be a definite repercussion from this discussion. Mary Theresa Metzler, an attorney in Philadelphia, was quoted as saying, “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.”

Peggy Mastroianni, legal counsel for the EEOC said, “No, we don’t think the regulation would discourage people from obtaining high school diplomas. People are aware that they need all the education they can get.”

While the EEOC has stated that this subject is just their opinion and not policy, employers should review their own hiring policies to make sure there are no questions regarding violations of the ADA.