HIGH SCHOOL DIPLOMA REQUIREMENT MAY VIOLATE THE ADA

On December 2, 2011, the EEOC posted on its website an “informal discussion letter” in which it discussed the extent to which a requirement by an employer that a job applicant have a high school diploma may violate the Americans with Disabilities Act (“ADA”).  The requirement of a high school diploma has long been used by many  employers to screen job applicants.

According to the EEOC, a requirement that applicants have a high school diploma could run afoul of the ADA because such a requirement could “screen out an individual who is unable to graduate because of a learning disability that meets the ADA’s definition of ‘disability.”.  The EEOC also stated that a high school diploma requirement should only be used as a criterion for hiring to the extent that is job related and consistent with business necessity.

Although the letter does not have the force of law, it is a certainly important for all employers to keep in mind when making hiring decisions.  Employers should consider whether job applicants whose learning disabilities kept them from obtaining high school diplomas can perform the essential job functions for the position sought, with or without a reasonable accommodation.  Employers must also be careful not to exclude applicants simply because they lack a high school diploma unless the diploma is, in fact, necessary for the performance of the job.