Is It Discrimination To Require That An Employee Have A Pulse?
The latest absolutely whacko thing out of the government is an EEOC letter to employers warning them that requiring that a job applicant have a high school diploma might violate the Americans with Disabilities Act. Dave Boyer writes at The Washington Times:
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.
If I were hiring a janitor, I'd need that janitor to be able to read the back of bottles of chemicals. What jobs don't? And will the government argue that businesses hiring janitors will be forced to hire "interpreters" for them -- i.e., additional employees to be their reading buddies?