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EEOC says educational requirements may violate ADA

Do you have educational requirements for your positions? According to
the EEOC you might be going down a slippery slope. In an informal
advice memo they stated  the following:

If an employer adopts a high school diploma
requirement for a job, and that requirement “screens out” an individual
who is unable to graduate because of a learning disability that meets
the ADA’s definition of “disability,” the employer may not apply the
standard unless it can demonstrate that the diploma requirement is job
related and consistent with business necessity. The employer will not be
able to make this showing, for example, if the functions in question
can easily be performed by someone who does not have a diploma.

Even
if the diploma requirement is job related and consistent with business
necessity, the employer may still have to determine whether a particular
applicant whose learning disability prevents him from meeting it can
perform the essential functions of the job, with or without a reasonable
accommodation.

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