CLARITY TO THE RULE OF HIGH SCHOOL DIPLOMAS?
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Last month we talked about an informal letter from the EEOC that suggested that employers might be infringing on the Americans with Disabilities Act (ADA) rights of applicants with learning disabilities, if they required all applicants to receive a high school diploma. Clarification in a Q & A document suggests that employers may set high school diploma requirements but must allow persons 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 goes on to state that employers can still hire the most qualified persons and do not have to give preference to people with disabilities. The prior suggestion, that job ads simply state a preference for high school diploma, would still be the best advice, as it invites persons who might not have a diploma to state why they do not have one and to move forward to demonstrate their qualifications for the job.