[IPAC-List] EEOC "Discussion" Letter

[Heim, Janis]

Given the lack of comparative standards for high school graduation prior to the NCLB and the differential graduation rates for minority groups in the U.S., requiring a high school diploma when the job could be performed without one should be a problem with or without the ADA.

Janis Heim
Personnel Selection Analyst
301 Centennial Mall South, Mall Level, Lincoln, NE 68508
P. O. Box 94905, Lincoln, NE  68509-4905
Phone: 402-471-4463
janis.heim at nebraska.gov
www.das.state.ne.us




-----Original Message-----
From: ipac-list-bounces at ipacweb.org [mailto:ipac-list-bounces at ipacweb.org] On Behalf Of Mitch Stein
Sent: Tuesday, December 06, 2011 12:00 PM
To: 'ipac-list at ipacweb.org'
Subject: [IPAC-List] EEOC "Discussion" Letter

Spotted this in the employment law news.

http://www.employmentlawmatters.net/2011/12/articles/ada/high-school-diploma-as-prerequisite-to-employment-may-violate-the-ada/

On the one hand, I agree with the legal interpretation in the letter.  On the other hand, I wonder if this creates an impossible burden on employers with huge numbers of applicants? 

Something not discussed in the letter: if accepting a GED or job related experience in lieu of education avoids the need to do individual assessments of everyone who claims they did not get a diploma because of LD or some other disability.  If I were an ambulance-chasing shyster I'd be out recruiting every high school dropout who might arguably have some LD I could get to start flooding organizations with applications for every job that required high school education or higher.

cheers,
Mitch


Mitchell Stein, PhD
Director of Research
TN Dept. of Human Resources
(615) 532-8069


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