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Author Topic: High school diploma requirement might violate Americans with Disabilities Act  (Read 3754 times)

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Offline Chris_

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High school diploma requirement might violate Americans with Disabilities Act
« on: January 02, 2012, 01:18:52 PM »
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EEOC: High school diploma requirement might violate Americans with Disabilities Act

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.

“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,”
Washington Times

You knew this would happen eventually.
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Offline thundley4

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #1 on: January 02, 2012, 01:34:04 PM »
Shouldn't this apply to jobs that require college degrees then?  Even for government jobs?
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Offline CG6468

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #2 on: January 02, 2012, 01:36:54 PM »
Quote from: thundley4 on January 02, 2012, 01:34:04 PM
Shouldn't this apply to jobs that require college degrees then?  Even for government jobs?

SHOULD it or WILL it are two entirely separate trains of liberal thought. I wish their whole damned train would derail off the highest bridge.
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Offline formerlurker

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #3 on: January 02, 2012, 03:25:00 PM »
Quote from: chris_ on January 02, 2012, 01:18:52 PM
Washington Times

You knew this would happen eventually.

These students cannot obtain a high school diploma as they are taking life skill classes.    I would imagine they would have demonstrate that they have a protected disability covered under IDEA (which is simultaneously covered under ADA -- IDEA protection is difficult to obtain).   

Jobs requiring high school diploma (or GED) are actually a huge problem for those individuals with significant cognitive disabilities that are high enough functioning to obtain gainful, and probably part-time, employment doing manual labor or low-skilled positions.    I would rather they award these students a diploma that would be an acceptable alternative to meet the requirement so that the proper vetting is done at the public school level to ensure the student in fact qualifies for this consideration. 

The intent is to solve a long standing problem for those individuals who WANT to work, but are extremely limited to do so because of a valid cognitive disability.   This of course will be abused by those who are just generational worthless individuals.     Shame.

 
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Offline thundley4

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #4 on: January 02, 2012, 03:28:15 PM »
Quote from: formerlurker on January 02, 2012, 03:25:00 PM
   This of course will be abused by those who are just generational worthless individuals.     Shame.

 

I see it opening a whole new class of lawsuits.
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Offline formerlurker

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #5 on: January 02, 2012, 03:30:10 PM »
Just so we are clear on who I am referring to:



He wants to work, and can work -- he completed school and probably happily attended everyday and did his absolute best he could.   Give the kid a break and understand why there needs to be something done, but I am not in agreement this is the something.  

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Offline formerlurker

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #6 on: January 02, 2012, 03:34:09 PM »
Quote from: thundley4 on January 02, 2012, 03:28:15 PM
I see it opening a whole new class of lawsuits.

It will, and it's a shame.   Give this problem to a Republican to solve and they would solve it in a well thought out and productive way, with serious accountability for fraud.   

The second you allow the Democrats near the problem, the loop holes become completely unmanageable.   
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Offline DumbAss Tanker

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #7 on: January 03, 2012, 08:57:35 AM »
I can see where they are coming from, but it seems like it is opening an incredible can of worms once it gets into the ugly realm of reality instead of the clean and intellectualized world of policy formulation.
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Offline JohnnyReb

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #8 on: January 03, 2012, 09:07:40 AM »
Quote from: DumbAss Tanker on January 03, 2012, 08:57:35 AM
I can see where they are coming from, but it seems like it is opening an incredible can of worms once it gets into the ugly realm of reality instead of the clean and intellectualized world of policy formulation.

Well, I have a high school diploma and a new pair of WAL-MART reading glasses. I want a job as a brain surgeon in the new Obama healthcare system.

Well then, I'll just sue.
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“The American people will never knowingly adopt socialism. But, under the name of ‘liberalism’, they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened.” - Norman Thomas, U.S. Socialist Party presidential candidate 1940, 1944 and 1948

"America is like a healthy body and its resistance is threefold: its patriotism, its morality, and its spiritual life. If we can undermine these three areas, America will collapse from within."  Stalin

Offline DumbAss Tanker

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #9 on: January 03, 2012, 11:47:59 AM »
Quote from: JohnnyReb on January 03, 2012, 09:07:40 AM
Well, I have a high school diploma and a new pair of WAL-MART reading glasses. I want a job as a brain surgeon in the new Obama healthcare system.

Well then, I'll just sue.

You'll fit right in.
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Go and tell the Spartans, O traveler passing by
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Offline JohnnyReb

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #10 on: January 03, 2012, 04:08:52 PM »
Quote from: DumbAss Tanker on January 03, 2012, 11:47:59 AM
You'll fit right in.

Yeah, surgery on DUmmie brains can't be that hard....if you can find them.
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“The American people will never knowingly adopt socialism. But, under the name of ‘liberalism’, they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened.” - Norman Thomas, U.S. Socialist Party presidential candidate 1940, 1944 and 1948

"America is like a healthy body and its resistance is threefold: its patriotism, its morality, and its spiritual life. If we can undermine these three areas, America will collapse from within."  Stalin

Offline Rugnuts

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #11 on: January 03, 2012, 04:31:42 PM »
well they already make "citizenship" discrimination.
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Offline CG6468

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #12 on: January 03, 2012, 09:18:28 PM »
Quote from: JohnnyReb on January 03, 2012, 04:08:52 PM
Yeah, surgery on DUmmie brains can't be that hard....if you can find them.

Hardest part is to get 'em to lie on their bellies so you can cut into their asses.
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Offline Rebel

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #13 on: January 04, 2012, 10:16:30 AM »
Quote from: thundley4 on January 02, 2012, 01:34:04 PM
Shouldn't this apply to jobs that require college degrees then?  Even for government jobs?

How about post graduate degrees? "Com on down fo yo bress exim!" - Dokter Andrsen.
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There's a reason why patriotism is considered a conservative value. Watch a Tea Party rally and you'll see people proudly raising the American flag and showing pride in U.S. heroes such as Thomas Jefferson. Watch an OWS rally and you'll see people burning the American flag while showing pride in communist heroes such as Che Guevera. --Bob, from some news site

Offline docstew

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #14 on: January 04, 2012, 02:48:01 PM »
Quote from: Rebel on January 04, 2012, 10:16:30 AM
How about post graduate degrees? "Com on down fo yo bress exim!" - Dokter Andrsen.

Like this guy?

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Offline Rebel

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Re: High school diploma requirement might violate Americans with Disabilities Act
« Reply #15 on: January 04, 2012, 02:52:49 PM »
"Don't worry, scrote. There are plenty of 'tards out there living really kick-ass lives. My first wife was 'tarded. She's a pilot now. "
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NAMBLA is a left-wing organization.

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There's a reason why patriotism is considered a conservative value. Watch a Tea Party rally and you'll see people proudly raising the American flag and showing pride in U.S. heroes such as Thomas Jefferson. Watch an OWS rally and you'll see people burning the American flag while showing pride in communist heroes such as Che Guevera. --Bob, from some news site
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