Kathleen Bray

An informal letter from the EEOC suggests that requiring all applicants to have a high school diploma may indeed violate the Americans with Disabilities Act (ADA). Again, it is a question supposedly of showing that it is a diploma requirement that is job-related and consistent with business necessity. Even if the diploma requirement is job-related, a major reason for someone not having a high school degree may be a learning disability. If they have a learning disability, then you have to show that they are unable to perform the job’s essential functions, even with an accommodation. This again is a reminder that having job descriptions is very important in shielding one from claims of disability discrimination. Therefore, it is probably best for an employer to state that a high school degree is not required, but is preferred, which is similar to suggesting in job ads that certain years of experience in a particular field are preferred.