According to the Equal Employment Opportunity Commission, an employment qualification standard — such as a high school diploma — that screens out job applicants on the basis of a disability must be job related for the position and consistent with business necessity. This means that the employment qualification standard must acurately measure the applicant’s ability to perform the job’s essential functions. However, even where an employment qualification standard is job related and consistent with business necessity, if the standard screens out individuals on the basis of a disability, the employer must also show that the applicant cannot meet the standard and that the applicant cannot perform the job with a reasonable accommodation. As such, it is prudent for employers to undertake a more individualized assessment of the non-qualifying job applicants. The entire text of the EEOC’s Decemer 12, 2011, “informal discussion letter” may be found here. In follow-up to its informal discussion letter, the EEOC has posted “Questions and Answers about the EEOC and High School Diploma Requirements.”
If you have any questions about complying with the ADA’s requirements or other employment matters, please contact Rachel D. Felton at 412-918-1173 or rfelton@metzlewis.com.
