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'College degree required' discrimination?

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torimac

Member
What is the name of your state (only U.S. law)? TX
I was discussing a job posting with a recruiter. After talking about my skill set and experience, he said it looked like I was a good match. He then asked if I had a college degree. I am one year away from my degree, but I have more than enough years of experience. The position supposedly requires a college degree and 3 years experience as a computer support person. I have over a decade of experience.

I thought that I read that Equal Opportunity Law states that unless it can be proven that a degree is required (such as a chemistry degree for a chemist or engineering degree for a mechanical engineer), that the equally experienced people should be considered? For instance, a college degree would be equivalent to 5 years in the field, a college degree with 3 years experience would be equivalent to 8 years experience?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? TX
I was discussing a job posting with a recruiter. After talking about my skill set and experience, he said it looked like I was a good match. He then asked if I had a college degree. I am one year away from my degree, but I have more than enough years of experience. The position supposedly requires a college degree and 3 years experience as a computer support person. I have over a decade of experience.

I thought that I read that Equal Opportunity Law states that unless it can be proven that a degree is required (such as a chemistry degree for a chemist or engineering degree for a mechanical engineer), that the equally experienced people should be considered? For instance, a college degree would be equivalent to 5 years in the field, a college degree with 3 years experience would be equivalent to 8 years experience?

I was not aware that not having a college degree was now a protected class.
 

torimac

Member
Perhaps not Equal Opportunity law, then.

I stated it poorly. I understand that it is not a 'protected class'. However, when I was a manager in California, my HR rep stated that I could not require a college degree, but needed to look at equivalent experience. Perhaps it is just a state law. Or maybe it was company policy.

I understand that some people feel a college degree shows that you have some level of determination, but it has been my experience when hiring people that the piece of paper does not guarantee that the applicant has the technical skills or troubleshooting ability required to support computers.

So, a better question would be, is there any sort of legal issue with requiring a college degree if the employment position does not?
 

asiny

Senior Member
What is the name of your state (only U.S. law)? TX
I was discussing a job posting with a recruiter. After talking about my skill set and experience, he said it looked like I was a good match. He then asked if I had a college degree. I am one year away from my degree, but I have more than enough years of experience. The position supposedly requires a college degree and 3 years experience as a computer support person. I have over a decade of experience.

I thought that I read that Equal Opportunity Law states that unless it can be proven that a degree is required (such as a chemistry degree for a chemist or engineering degree for a mechanical engineer), that the equally experienced people should be considered? For instance, a college degree would be equivalent to 5 years in the field, a college degree with 3 years experience would be equivalent to 8 years experience?
I. What Are the Federal Laws Prohibiting Job Discrimination?

1) Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

2) the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

3) the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

4) Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

5) Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;

6) Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and

7) the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
So, a better question would be, is there any sort of legal issue with requiring a college degree if the employment position does not?
This is your opinion. The employer obviously believes otherwise.. and that is their right. Want to work for them? Come back with the degree and/or appeal to the amount of experience and they MAY agree.
 
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torimac

Member
Actually, I don't want to work for someone that short sighted. I was just trying to understand the differences between what my HR in CA told me versus what I am experiencing in TX.
 

asiny

Senior Member
Actually, I don't want to work for someone that short sighted.
True.
I was just trying to understand the differences between what my HR in CA told me versus what I am experiencing in TX.
CA HR = being overly cautious or was simply stating that they preferred experience over educational qualifications to a new manager who had yet to go through the hiring process.
 

swalsh411

Senior Member
What the HR person told you was incorrect. Therefore it is not going to reconcile to what the law says. That may have been company policy, or his own incorrect misunderstanding. There is no law that says an employer cannot make a college degree a job requirement even if it cannot be proven that is is required.
 

cbg

I'm a Northern Girl
Actually, there is case law to that effect. Groundbreaking caselaw, as a matter of fact. From the US Supreme Court. And since it dates from the early 70's, I'm surprised you aren't aware of it.

Griggs v. Duke Power company established that requiring (in the case of Griggs, a diploma) that was not actually needed for the job in the face of experience, could create a disparate impact on minorities. The same would hold true for a requirement for a college degree in the face of a decade of experience.

Feel free to look it up for yourself.
 

Isis1

Senior Member
Actually, there is case law to that effect. Groundbreaking caselaw, as a matter of fact. From the US Supreme Court. And since it dates from the early 70's, I'm surprised you aren't aware of it.

Griggs v. Duke Power company established that requiring (in the case of Griggs, a diploma) that was not actually needed for the job in the face of experience, could create a disparate impact on minorities. The same would hold true for a requirement for a college degree in the face of a decade of experience.

Feel free to look it up for yourself.
that is interesting. while i may not agree, it IS interesting.
 

Humusluvr

Senior Member
Actually, there is case law to that effect. Groundbreaking caselaw, as a matter of fact. From the US Supreme Court. And since it dates from the early 70's, I'm surprised you aren't aware of it.

Griggs v. Duke Power company established that requiring (in the case of Griggs, a diploma) that was not actually needed for the job in the face of experience, could create a disparate impact on minorities. The same would hold true for a requirement for a college degree in the face of a decade of experience.

Feel free to look it up for yourself.
Nice call, cbg! I'm going to tuck this little nugget in my brain!
 

You Are Guilty

Senior Member
It's been a few (many) years since law school, but didn't Griggs have to do with a disparate impact of employer test-based job requirements?
 

cbg

I'm a Northern Girl
Up to a point yes, since Duke Power was requiring both a high school diploma and an IQ test for a job to push a mop around. However, the decision clearly indicates that it is based on any criteria for employment, not just testing.
 

Beth3

Senior Member
What is the name of your state (only U.S. law)? TX
I was discussing a job posting with a recruiter. After talking about my skill set and experience, he said it looked like I was a good match. He then asked if I had a college degree. I am one year away from my degree, but I have more than enough years of experience. The position supposedly requires a college degree and 3 years experience as a computer support person. I have over a decade of experience.

I thought that I read that Equal Opportunity Law states that unless it can be proven that a degree is required (such as a chemistry degree for a chemist or engineering degree for a mechanical engineer), that the equally experienced people should be considered? For instance, a college degree would be equivalent to 5 years in the field, a college degree with 3 years experience would be equivalent to 8 years experience?
Agree entirely with cbg about the relevant case law. Just so you understand, tormiac, you can't go into the recruitier's office waiving a print out of the case law and tell him they can't require a college degree - they can. The case law is relevant only IF you can demonstrate that (a) a degree is not required to successfully perform the job and, most importantly, (b) that the requirement is having a disparate impact on a class of minorities.

All you know is that it's having a disparate impact on YOU which is not at all the same thing.
 

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