When it comes to the term “discrimination in education in the workplace” it is usually related to age, ethnic origin, or gender. Discrimination in Education in the Workplace, although often employers, is another way of discriminating arbitrarily or unknowingly some of the same protected workers.
Discrimination in Education in the Workplace is not illegal – unless it is
Educational discrimination in employment or in workplace settings is not illegal, because it does not, in this context, enforce any federal law that protects workers from discrimination.
That being said, educational discrimination can bridge the line between legal and illegal if the educational requirements of the job make it difficult for those protected under other laws to achieve or do so.
Educational Requirements and ADAs
If it seems like a high school diploma is needed for everything from fast food to finance, it’s not just your imagination.
Employers who require high school diplomas for manual labor may inadvertently discriminate against learning disabilities or other issues that have prevented them from graduating from high school.
In a discussion letter posted on the Equal Employment Opportunity Commission’s website, a representative of the Commission wrote that “if an employer accepts a high school diploma requirement for a job and because of that requires a person is ‘screened out’ because they cannot graduate due to education, which is a disability for Americans.
Recruitment meets the definition of disability law with ‘disability’ Rta standards can not apply unless it can be demonstrated that the equivalency requirements of the job-related and consistent with business necessity. “
Educational Requirements and Title VII
There is a growing concern in the human resources world that educational discrimination against some individuals protected under the VI Title of the Civil Rights Act of discrimination64 may also be subject to discrimination, which prohibits employment discrimination on the basis of race, color, religion, gender or national origin.
Requiring a high school or college diploma from an affiliated school, for example, naturalization obtained in another country can eliminate citizens. It can also result in discrimination against ethnic groups.
U.S. Census Bureau statistics show that 85 percent of the U.S. population over the age of 24 has a high school diploma, but only 61 percent of Hispanics do so. “Degree requirements have a distinct impact nationally.
That is not singularly illegal but it does mean that you have to justify both the work requirements and the business requirements,” writes John Jap of the recruitment website ER.
Discrimination in Education in the Workplace and the ADEA
Due to certain educational requirements, employers may violate the Age Discrimination Act of 1967 (ADEA), which protects people 40 years of age or older.
During the application process, documents such as transcripts and diplomas will mean that employers know about a potential employee’s age – over a period of years or more – that may result in discrimination before a job offer.
In addition, the need for staff to produce government copies, diplomas, or certificates could put a dilemma on senior staff, whose educational institutions may no longer be active.