After the EEOC’s informal discussion letter about employers’ use of high school diplomas as a hiring prerequisite “caused significant commentary and conjecture,” the EEOC decided last month to issue additional guidance to help clarify the issue. The original letter said employers, in some instances, could infringe on the ADA if they require all applicants to receive a high school diploma, including applicants with learning disabilities.
The new EEOC Q&A document explains that employers can continue to set high school diploma requirements. But employers may have to allow people who claim to have a learning disability that prevents them from earning a diploma “to demonstrate qualification for the job in some other way.” The Q&A says employers can still hire the most qualified person, and don’t have to give preference to people with disabilities.
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