The informal discussion letter that the EEOC issued in November 2011 raised a lot of questions and concerns. The EEOC (finally) released some additional guidance on when an employer may POTENTIALLY violate the ADA by requiring employee candidates to have a high school diploma.
According to the EEOC, "[t]here have been significant commentary and conjecture about the meaning and scope of the letter." To clarify the legality of requiring a high school diploma under the ADA, the EEOC has posted a series of questions and answers on its website. The EEOC explains that employers may continue to have the high school diploma requirements. However, the employer may have to allow candidates claiming to have a learning disability to "demonstrate qualification for the job in some other way." The EEOC further states that the employer is still permitted to hire the most qualified person for the job and does not have to give preference to an individual with the disability over someone who can perform the job better.
According to the EEOC, "[t]here have been significant commentary and conjecture about the meaning and scope of the letter." To clarify the legality of requiring a high school diploma under the ADA, the EEOC has posted a series of questions and answers on its website. The EEOC explains that employers may continue to have the high school diploma requirements. However, the employer may have to allow candidates claiming to have a learning disability to "demonstrate qualification for the job in some other way." The EEOC further states that the employer is still permitted to hire the most qualified person for the job and does not have to give preference to an individual with the disability over someone who can perform the job better.
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