[IPAC-List] EEOC "Discussion" Letter

Dennis Doverspike dennisdoverspike at gmail.com
Tue Dec 6 14:44:48 EST 2011

My response would be - while it might create a burden but that burden has
always been there. The burden is not new. Minimum qualifications such as
education and experience should be validated.


1. Given large number of applicants, education requirements will probably
have some adverse impact somewhere.

2. Therefore, as with any selection decision or test, they should be

I would be wary of trying to solve the problem through tradeoffs. Tradeoffs
are often more of a problem than a solution,

Dennis Doverspike

That is, it has been true for quite some time that if you have adverse
impact, and if you have huge number of applicants you will have adverse

On Tue, Dec 6, 2011 at 12:59 PM, Mitch Stein <Mitch.Stein at tn.gov> wrote:

> 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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Dennis Doverspike, PhD., ABPP
Licensed Psychologist, #3539 (OHIO)
Independent Consultant
Professor of Psychology, University of Akron
dennisdoverspike at gmail.com

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