Obama’s EEOC: Requiring a High School Diploma for a Job is Discrimination

Dave Boyer, The Washington Times


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.

The commission’s advice, which does not carry the force of law, is raising alarms among employment-law professionals, who say it could carry far-reaching implications for businesses.

Maria Greco Danaher, a lawyer with the labor and employment law firm Ogletree Deakins, said the EEOC letter means that employers must determine whether job applicants whose learning disabilities kept them from obtaining diplomas can perform the essential job functions, with or without reasonable accommodation. She said the development is “worthy of notice” for employers.

“While an employer is not required to ‘prefer’ a learning-disabled applicant over other applicants with more extensive qualifications, it is clear that the EEOC is informing employers that disabled individuals cannot be excluded from consideration for employment based upon artificial barriers in the form of inflexible qualification standards,” she wrote in a blog post.

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.”

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

“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.”

She said the letter does not offer a new interpretation of the ADA.

Jeanne Goldberg, a senior lawyer/adviser at the agency, said the issue….

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14 comments to Obama’s EEOC: Requiring a High School Diploma for a Job is Discrimination

  • onthedot

    To figure out liberal tyrants, you need only do the following: pick the right thing to do, then do the exact opposite. Unbelievable.

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  • jen

    Commenting as a veteran special ed teacher…There is no such thing as person "whose disabilites make them unalbe to earn a diploma" or whatever the wordiing was, and they know it. Under the IDEA act of 1972,every student must be taught at his own level, even if that is learning to dress themselves as a lesson. Teachers write individual plans for each sped student. Even severe students are taught in homes and hospitals. (con't)

  • jen

    (more) This is being put out there so that blacks and hispanics, with notoriously low graduation rates, will be able to use their affirmative action benefits and take jobs away from other qualified candidates, even when the others have diplomas (or file racism charges if not selected). They're the only ones who don't earn diplomas, not sped kids.

    And they should know, also, "learning disabity" is a specific problem where a student is low in one area (reading, math but okay in others and average or above intelliigence.) Folks use it interchangeably with mentally retarded (still the acceptable special ed term on legal papers required by the government) because they think it is a synonym for retardation (and more PC), which it is not. LD students not only get diplomas (as do mentally retarded stufdents), but go to college with special help from the universities — so they are not in danger of not graduating.

    The whole thing stinks of more reparations.

  • Don39

    Right, just like requiring proof of citizenship to get the job of POTUS is discrimination. Or like having to have CDL to drive a sixteen wheeler is descrimination or having to have a driver's liscense to occupy space on the highway is descrimination. Having to have a HS diploma to get into an institution is discrimination. Having to meet any standards to get a degree is pure discrimination! This sorry ass country is just full of descrinination. Stupid crap socialist scum. When are the people going to stop putting up with this crap?

  • Ricardo Jones Sr.

    Subject: Re: EEOC corruption

    OBAMA’S EEOC (1) AND THE DESTRUCTION OF THE BLACK AMERICAN …
    MR. RICARDO JONES, SR. is a veteran and the former Senior Federal Investigator for the new York District of the EEOC from 2001 to 2010. He describes how … http://www.youtube.com/watch?v=qqyrvRaY4Ks – Cached
    .Play Video

    OBAMA’S EEOC (1) AND THE DESTRUCTION OF THE BLA…
    By education4peace| 1 video

  • ricohenry7

    We are fighting to close the EEOC. Why should taxpayers pay almost a half billion dollars a year to prop up a criminal enterprise just to hand out Right to sue letters. Please take a look at the links below that proves it. These videos name names, reveal payoffs and you see the media civil rights leaders, big businesses and politicians that includes the president helping to cover it up. I am beginning to cut up the original of the interview with former Senior EEOC Investigator Ricardo Jones who was fired for standing up against the illegal practices. As a victim I and thousands of others will come forward. You I will be adding selected cuts daily. The last link is the entire 1 and a half hour. Please help us raise awareness of this by directing these videos.
    My resource: http://www.youtube.com/watch?v=_p0KUF4ZcVM&fehttp://www.youtube.com/watch?v=DIk5XqQ_uvU&fe…. http://www.youtube.com/watch?v=qqyrvRaY4Ks
    ..

  • ricohenry7

    Highest levels of unemployment for Black people and obama adminstration supports discrimination against Black people at the EEOC.

    The mission of the U.S. Equal Employment Opportunity Commission (EEOC) is to eradicate employment discrimination at the workplace. However, it has been reported that the EEOC fails to investigate the complaints of Black people who file race discriminaton complaints. According to former EEOC investigator (Mr. Ricardo Jones, Sr.) and the EEOC stats, the EEOC dismisses the majority of its race complaint workload. EEOC found reasonable cause that discrimination occurred only 3.5% of the time in FY 2010 and 3.1% for FY 2011. Great job obama. See link/stat's at EEOC Dismisses The Majority of Race Based Complaints.

  • ricohenry7

    This is how White Bigots took over the EEOC from Black Bigots. Bigots v. Bogots at the EEOC.

    Joseph Ray Terry had all the right credentials: as a lawyer, he had spent many years fighting discrimination against minorities. His employer, the EEOC, had consistently given Mr. Terry “superior” and “excellent” performance reviews. But Mr. Terry was white, and he was forced to repeatedly sue the EEOC in order to win a promotion for which he had been applying for over 10 years!

    Mr. Terry is a white, Louisiana-trained lawyer. In 1984 he submitted his first application within EEOC to become a district director for EEOC. Over the next 10 years EEOC repeatedly turned Terry down because he is white, and EEOC promoted many “disadvantaged minorites” ahead of Mr. Terry, one of whom did not even have a high school diploma. District Director Opus Perry a Black attorney never found any Race (Black) discrimination in New Orleans LA and he was promoted to District Director of a larger Black community of Los Angelas CA.

  • ricohenry7

    Dr Umar Abdullah Johnson on the fraud of Obama http://youtu.be/v66JsZDnBAM

  • ricohenry7

    EEOC Fired Senior EEO Investigator Who Exposed Internal Corruption

    The mission of the U.S. Equal Employment Opportunity Commission (EEOC) is to eradicate employment discrimination at the workplace. However, it has been reported that the EEOC fails to investigate the complaints of Black people who file race discriminaton complaints. According to former EEOC investigator (Mr. Ricardo Jones, Sr.) and the EEOC stats, the EEOC dismisses the majority of its race complaint workload. EEOC found reasonable cause that discrimination occurred only 3.5% of the time in FY 2010. See link at EEOC Dismisses The Majority of Race Based Complaints. Also see press release EEOC Veteran Investigator and Whistleblower Exposes EEOC as a Rogue Agency that Refused to Investigate Nationwide Workplace Complaints by African-American Employees.

  • ricohenry7

    Subject: Re: EEOC corruption

    OBAMA'S EEOC (1) AND THE DESTRUCTION OF THE BLACK AMERICAN …
    MR. RICARDO JONES, SR. is a veteran and the former Senior Federal Investigator for the new York District of the EEOC from 2001 to 2010. He describes how … http://www.youtube.com/watch?v=qqyrvRaY4Ks – Cached
    .Play Video

    OBAMA'S EEOC (1) AND THE DESTRUCTION OF THE BLA…
    By education4peace| 1 video

    Press covers up corruption at EEOC: http://youtu.be/AP_0wTURBQE

  • ricohenry7

    MR. RICARDO JONES, SR. is a veteran and the former Senior Federal Investigator for the new York District of the EEOC from 2001 to 2010. He describes how the EEOC is a cesspool of corruption and racism. Blacks working in the United States have any protection from racial discrimination, because the EEOC unfairly rejects almost 97% of all cases filed by Blacks. Sellout Blacks in the EEOC and racist white workers in the government agency accept bribes and do their jobs in a sexually charged environment where sexual availability and tolerance of racial injustice places folks on the fast track. Jones was fired for refusing to play ball and accept bribes. If you want to file an EEOC complaint please watch this film. http://youtu.be/qqyrvRaY4Ks

  • In the shadow of Americas first Presidency of color revel's the ugly head of racism, colorism and classism. Why are so many so called Black intellectuals and media allowing the Obama administration to getaway with corruption and cronyism in its name? Harvard Law School Crony’s of the President and First Lady riddle this corrupt administration. Is this administration just a copy of the Grant presidencies? Where’s the accountable of the first President of color? Now we’re asked to re-elect a failed Presidency. Unemployment is out of control especially among people of color. Excuses made daily for the presidents lack of moral courage. We’re living a lie that Racism and colorism have vanished because of the election of a person of color who knows very little and/or has no experience of racial indifferences towards Blacks in America. The government is failing to insure the Life, liberty and the pursuit of happiness for Blacks. President of color and Attorney General of color are both ignoring gross discriminations based on Race covered by the Executive branch. Why other than the devil we know verses the devil we don’t know should anyone re-elect the failed presidency of the Obama’s?