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.Defense lawyers:
Translated, that means "DON'T HIRE ANYONE!!!"
Some corporate counsels are advising clients to adjust the way they approach the hiring process.
"Employers are wise to evaluate whether a high school diploma really is necessary to perform the essential functions of any job for which it is being required," the Employer Law Report advised in a blog post by Lisa Whittaker, a lawyer with the Porter Wright firm, which has represented business clients for more than 150 years.
"Even in those situations where the high school diploma requirement can be justified, employers will still need to consider" whether a "reasonable accommodation" could be provided to allow a disabled person without a diploma to perform a given job.