EEOC to Employers: Requiring H.S. Diploma May Violate Disabilities Act

On December 2nd the Equal Employment Opportunity Commission posted an Informal Discussion Letter on their website warning employers that using a high school diploma as a selection criteria might put them into conflict with the ADA. Automatically screening out job applicants without a high school diploma discriminates against people with disabilities which have prevented them from finishing high school, whether or not they are capable of performing the essential tasks of the job in question. Employers must ensure that a high school diploma is a "job related" criteria, and that it accurately measures the applicants ability to perform the job. The letter reads:

"If an employer adopts a high school diploma requirement for a job, and that requirement "screens out" an individual who is unable to graduate because of a learning disability that meets the ADA’s definition of "disability," the employer may not apply the standard unless it can demonstrate that the diploma requirement is job related and consistent with business necessity. The employer will not be able to make this showing, for example, if the functions in question can easily be performed by someone who does not have a diploma."

Even if a high school diploma is "job related," employers must also take into consideration whether or not a specific applicant without a diploma could perform the essential tasks of the job if given "reasonable accommodations" for their disability.

The informal letter has gotten the attention of Employment-Law Professionals who are concerned that it could cause an increase in EEOP claims against employers.

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A Typeface for Dyslexics

Christian Boer, a typographer at the firm Studiostudio based in the Netherlands, has designed a special font for people with dyslexia. The font, called "Dyslexie," uses specially shaped letters to exaggerate some of the differences between letters that dyslexics find hard to distinguish from one another.

How well does it work? A master's thesis by Renske de Leeuw at the University of Twente shows that the font boosts accuracy, but not reading speed; although there are certain words that are now harder to read than before, the net effect is positive. What's needed now, de Leeuw explains, is a more robust research program, testing specific changes to the letterforms to see which ones help dyslexics and which ones don't. You can get a sense of some of the ways in which typography might help by looking at detailed images of the font here.

Source: www.boston.com

College Entrance Exams Run Afoul Of ADA Requirements

In late December, the Government Accountability Office (GAO) released a report that highlighted how difficult it can be for individuals with disabilities to access the accommodations that they need when taking standardized tests. Standardized tests are gateways to college, advanced degrees, as well as many careers that require standard professional accreditation. The report argues that failing to provide people with disabilities the test-taking accommodations that they need hinders their access to educational and career opportunities, and discriminates against them on the basis of their disability. The report was commissioned by U.S. Rep. George Miller, D-Calif., and U.S. Rep. Pete Stark, D-Calif., who have now written a letter to Attorney General Eric Holder, urging him to take action.

According to the report, 7.7 million people take standardized tests in any given year. People with disabilities that require testing accommodations make up 12% of the general population, but only 2% of standardized-test-takers receive accommodations; suggesting that many more people with disabilities are in need of accommodations than are actually receiving them. Additionally, individuals are not always provided with accommodations that they have been granted in the past, or have become used to in school.

The report found that it is often unclear what kinds of documentation private testing agencies require in order to grant individual accommodations. The report found that it can take weeks, months, and even in a few cases years for individuals to receive approval for the accommodations that they require. This delay in test taking can leave individuals with disabilities at a disadvantage when compared to their peers. The report also found that the granting of accommodations was fairly subjective and varied widely depending on who happened to be reviewing the accommodation request.

The letter requests that the DOJ provide testing companies with updated information on how to address ADA requirements and testing accommodations, as well as form a coordinated strategy between Health and Human Services and Education.

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