High school diploma requirement might violate Americans with Disabilities Act

[chanel]

Employers are facing more uncertainty in the wake of a letter from the Equal Employment Opportunity Commission warning them that requiring a high school diploma from a job applicant might violate the Americans with Disabilities Act.

The development also has some wondering whether the agency’s advice will result in an educational backlash by creating less of an incentive for some high school students to graduate.

The “informal discussion letter” from the EEOC said an employer’s requirement of a high school diploma, long a standard criterion for screening potential employees, must be “job-related for the position in question and consistent with business necessity.” The letter was posted on the commission’s website on Dec. 2.

Employers could run afoul of the ADA if their requirement of a high school diploma “ ‘screens out’ an individual who is unable to graduate because of a learning disability that meets the ADA’s definition of ‘disability,’ ” the EEOC explained.

EEOC: High school diploma requirement might violate Americans with Disabilities Act - Washington Times

Blood boiling.

Comments?

 

[Two Thumbs]

This is just mental.

If you can't follow the basics to get a diploma, how can you be taught to do certain jobs?

Man, if this goes through, people are going to get hurt b/c they lack the education to work safely.

 

[old navy]

chanel, you are the expert here on this subject but I'll throw in my dos centavos.

Federal , state, and local laws make it impossible for almost anyone to NOT be able to finish high school with some sort of diploma that certifies them as a HS graduate.

IEPs, accomodations, psychologists, social workers, case workers, 1 SPED teacher and 1 aid per six students in one class room are just a few things off the top of my head that are in place to help kids get through school. Oh, one more. Speech therapists. We have one student (not in my class) that has one-on-one assistance all day. The county pays for a specialist of some sort to go to every class with this student.

So, for the government to warn employers about requiring a HS diploma might be an ADA violation is a bunch of bull. In the DC area, a bachelor's is the new HS diploma. A master's is entry level for many positions. Requiring a job candidate to be educated at the high school level is only asking that they be able to make change, have enough gray matter to not kill themselves or others with the company equipment, and heaven forbid, learn to treat customers nicely.

 

[chanel]

Absolutely old navy. We bend over backwards, sideways, and jump through hoops. We change the rules, lower the standards, waive requirements and on and on and on. All for these kids! If they cannot show up - which is basically the only way they fail, they do not deserve a diploma and an employer most likely will not want them.

My husband is a small sub-contractor. He has hired 3 of my students. My recommendations have always been the same; hard worker, doesn't give anyone a hard time and shows up every day. That's all it takes to graduate high school and to show an employer that you are not a quitter.

Another example of bureaucrats making policy without any real life experience. I may write a letter.

 

[Dont Taz Me Bro]

I read this yesterday. What a crock of shit. Congress needs to revisit the ADA and specifically address what constitutes a disability. They left that up to the courts and now we have bullshit like this being classified as a disability by unqualified jurists.

 

[C_Clayton_Jones]

Blood boiling.

Why?

This is a non-issue:

“Officials at the EEOC said the letter in question addressed “a particular inquiry” and disputed that it would have repercussions in secondary education.”

As noted in the article, it doesn’t carry the force of law.

Mary Theresa Metzler, a lawyer with Ballard Spahr in Philadelphia, said there may be an “unintended and unfortunate” repercussion of the EEOC’s discussion: “There will be less incentive for the general public to obtain a high school diploma if many employers eliminate that requirement for job applicants in their workplace.”

Nonsense.

“No, we don’t think the regulation would discourage people from obtaining high school diplomas,” said Peggy Mastroianni, legal counsel for the EEOC. “People are aware that they need all the education they can get.”

Correct.

The ADA requires that ‘reasonable accommodations’ be made in the workplace to allow those with disabilities employment, it’s doesn’t require employers to change hiring standards. This could include making sure the workplace is wheelchair accessible, that chairs, workstations, and the like can be designed to address a given disability, or working hours adjusted to allow the employee to realize needed treatment with medical providers.

And there must be documentation with regard to disability.

Consequently, employers may continue the high school diploma/GED requirement. Should someone with a learning disability unable to obtain a high school diploma apply for a job, the employer need only accommodate that condition. Since the learning disability can be documented by medical professionals, the high school requirement can be waived for that candidate.

Indeed, those with learning disabilities are likely in a special or alternate education program designed to provide them the best education possible their condition can accommodate. Records and documents with regard to attendance in such a program may be used in place of a high school diploma.

Again, this is a non-issue.

 

[Quantum Windbag]

Employers are facing more uncertainty in the wake of a letter from the Equal Employment Opportunity Commission warning them that requiring a high school diploma from a job applicant might violate the Americans with Disabilities Act.

The development also has some wondering whether the agency’s advice will result in an educational backlash by creating less of an incentive for some high school students to graduate.

The “informal discussion letter” from the EEOC said an employer’s requirement of a high school diploma, long a standard criterion for screening potential employees, must be “job-related for the position in question and consistent with business necessity.” The letter was posted on the commission’s website on Dec. 2.

Employers could run afoul of the ADA if their requirement of a high school diploma “ ‘screens out’ an individual who is unable to graduate because of a learning disability that meets the ADA’s definition of ‘disability,’ ” the EEOC explained.

EEOC: High school diploma requirement might violate Americans with Disabilities Act - Washington Times

Blood boiling.

Comments?

Gotta love the EEOC.

 

[Quantum Windbag]

Blood boiling.

Why?

This is a non-issue:

“Officials at the EEOC said the letter in question addressed “a particular inquiry” and disputed that it would have repercussions in secondary education.”

As noted in the article, it doesn’t carry the force of law.

Mary Theresa Metzler, a lawyer with Ballard Spahr in Philadelphia, said there may be an “unintended and unfortunate” repercussion of the EEOC’s discussion: “There will be less incentive for the general public to obtain a high school diploma if many employers eliminate that requirement for job applicants in their workplace.”

Nonsense.

“No, we don’t think the regulation would discourage people from obtaining high school diplomas,” said Peggy Mastroianni, legal counsel for the EEOC. “People are aware that they need all the education they can get.”

Correct.

The ADA requires that ‘reasonable accommodations’ be made in the workplace to allow those with disabilities employment, it’s doesn’t require employers to change hiring standards. This could include making sure the workplace is wheelchair accessible, that chairs, workstations, and the like can be designed to address a given disability, or working hours adjusted to allow the employee to realize needed treatment with medical providers.

And there must be documentation with regard to disability.

Consequently, employers may continue the high school diploma/GED requirement. Should someone with a learning disability unable to obtain a high school diploma apply for a job, the employer need only accommodate that condition. Since the learning disability can be documented by medical professionals, the high school requirement can be waived for that candidate.

Indeed, those with learning disabilities are likely in a special or alternate education program designed to provide them the best education possible their condition can accommodate. Records and documents with regard to attendance in such a program may be used in place of a high school diploma.

Again, this is a non-issue.

I am not even sure where to begin. Let me just drop this bomb on the EEOC, the ADA, and reasonable accommodations.

Garney Construction Co. and Georgia Power Company violated federal law when Garney withdrew a job offer of heavy equipment operator previously made to an applicant with controlled epilepsy because of Georgia Power’s physical examination requirement that excluded people taking the applicant’s epilepsy medication, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today in federal court.
According to the EEOC’s suit, Garney offered a front-end loader job to Bryan Mimmovich at its construction site at the Georgia Power plant in Juliette, Ga. Mimmovich had worked for Garney operating a front-end loader on two previous occasions. This time, the contract with Georgia Power required applicants for the job to pass a Department of Transportation (DOT) physical examination or an American Society of Mechanical Engineers (ASME) physical examination for crane operators. Mimmovich was diagnosed with epilepsy at age 12 and had been seizure-free with medication since 1988. Nonetheless, he could not pass the DOT physical examination utilized by Garney pursuant to Georgia Power’s instructions because he was on medication for epilepsy. Garney subsequently withdrew the job offer citing contractual requirements with Georgia Power.

Such alleged behavior violates the Americans with Disabilities Act (ADA), which protects workers from discrimination based upon disability. The EEOC filed this suit in the United States District Court for the Northern District of Georgia, after first attempting to reach a voluntary settlement.

EEOC Files Suit Against Garney Construction and Georgia Power for Disability Discrimination

That, for the learning challenged like yourself, means that a company is required to ignore DOT regulations, federal law, and common sense, and give a job operating heavy equipment to a person that could have a seizure at any moment despite the fact that it is a clear danger to everyone around him.

Only a bureaucrat would think that is reasonable.

 

[bripat9643]

Employers are facing more uncertainty in the wake of a letter from the Equal Employment Opportunity Commission warning them that requiring a high school diploma from a job applicant might violate the Americans with Disabilities Act.

The development also has some wondering whether the agency’s advice will result in an educational backlash by creating less of an incentive for some high school students to graduate.

The “informal discussion letter” from the EEOC said an employer’s requirement of a high school diploma, long a standard criterion for screening potential employees, must be “job-related for the position in question and consistent with business necessity.” The letter was posted on the commission’s website on Dec. 2.

Employers could run afoul of the ADA if their requirement of a high school diploma “ ‘screens out’ an individual who is unable to graduate because of a learning disability that meets the ADA’s definition of ‘disability,’ ” the EEOC explained.

EEOC: High school diploma requirement might violate Americans with Disabilities Act - Washington Times

Blood boiling.

Comments?

Next they will declare that requiring a Medical degree to do brain surgery is discrimination. A gang of lunatics have taken over our government. These people need to be kicked out. If they are at the controls for another four years, they will utterly destroy this country.

 

[bripat9643]

Only a bureaucrat would think that is reasonable.

Correction: only a liberal Obama bureaucrat would find that to be reasonable.

 

[chanel]

It is illegal to ask an applicant if they have a disability. Therefore the HS diploma requirement would have to be lifted by every single business operating in this country. Unless of course they rewrite every single job description. Think about that for a minute. A regulatory nightmare.

This folks is how govt "creates" jobs. And how the left continues to punish success and reward failure. Infuriating.

BTW naysayer - I'm fairly certain every EEOC reg starts with a "discussion letter". And shit like this gets buried in 2000 pages of the next "stimulus bill" while the media yawns.

 

[Mad Scientist]

I can't believe the disgusting bigotry on display here against people who are "Differently Abled".

 

[chanel]

Abled in what? Sleep? Weed? World of Warcraft?

The more I think about this, the more I believe this has nothing to do with the disabled. What other reason might the fed. govt. want to eliminate a high school diploma requirement? What are the other goals of the EEOC (and AG Holder)?

Anyone?

 

[squeeze berry]

I can't believe the disgusting bigotry on display here against people who are "Differently Abled".

special education students are entitled the same opportunity to a free and appropriate education.

in fact students with "disabilities" are treated more fairly receiving the lions share of the tax dollars spent and modified curriculum.

the lowest grade I give any of my sped students is a C- because all hell would break loose from the parents otherwise.

Truly disabled will always receive a diploma or at least certificate of attendance.

those that quit school do so b/c they lack the motivation.

laziness does not = disability

 

[Two Thumbs]

I can't believe the disgusting bigotry on display here against people who are "Differently Abled".

special education students are entitled the same opportunity to a free and appropriate education.

in fact students with "disabilities" are treated more fairly receiving the lions share of the tax dollars spent and modified curriculum.

the lowest grade I give any of my sped students is a C- because all hell would break loose from the parents otherwise.

Truly disabled will always receive a diploma or at least certificate of attendance.

those that quit school do so b/c they lack the motivation.

laziness does not = disability

Mad was telling a joke. As far as I can tell, he hates the PC jargon.

 

[chanel]

I knew that. We use that term at school tongue in cheek.

BILLIONS are spent on special education. If this goes through, then take the money away. The kids will finally get that it's all a big frickin joke anyway. We know a diploma doesn't mean shit. Finally, they will learn too.

Still furious. I want to write a letter, but I wouldn't know who to send it to. Do you think our congresscritters pay attention to this crap?

 

[squeeze berry]

I can't believe the disgusting bigotry on display here against people who are "Differently Abled".

special education students are entitled the same opportunity to a free and appropriate education.

in fact students with "disabilities" are treated more fairly receiving the lions share of the tax dollars spent and modified curriculum.

the lowest grade I give any of my sped students is a C- because all hell would break loose from the parents otherwise.

Truly disabled will always receive a diploma or at least certificate of attendance.

those that quit school do so b/c they lack the motivation.

laziness does not = disability

Mad was telling a joke. As far as I can tell, he hates the PC jargon.

I'm kinda new around here

 

[whitehall]

Slow learners as a protected minority.....more unintended consequences from the fools who make the rules.