Does HS diploma requirement violate ADA?

Yesterday, The Washington Times published a story that demonstrates what happens when 1) a well-intentioned law goes awry, and 2) Washington bureaucrats assert the bureaucracy at the expense of businesses.  Here is the gist:

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.

I do not believe that the requirement would encourage special needs students to drop out of high school, as some have argued.  I do think that it places an unnecessary burden on businesses.  For example, it would require them to “demonstrate that the diploma requirement is job-related and consistent with business necessity.”

On the other hand, it gives bureaucrats in Washington a reason to create a new federal bureaucracy.  But that makes me wonder.  Would the new bureaucracy be required to show the old bureaucracy that a diploma is necessary to become a bureaucrat in the new bureaucracy?

Terry Stoops / Vice President for Research and Director of Education Studies

Terry Stoops is the Vice President for Research and Director of Education Studies at the John Locke Foundation. Before joining the Locke Foundation, he worked as the progra...

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