No Bachelors Degree means no job?

[Beth3]

Assuming that this is the only duty involved (or other duties are of a similar unskilled nature), then yes, the requirement to have a high school degree quite possibly would give rise to a discrimination complaint since (unfortunately) such a requirement would serve to rule out a higher number of African Americans and perhaps other minorities than it would Caucasions.

That would have to be statistically demonstrated though. It's possible that a proportionate number of blacks, whites, hispanics, etc. in a given geographic area don't have high school degrees.

 

[cbg]

I went back and got out my materials from when I was studying for my certification exam. The case was Griggs vs. Duke Power and it was in 1971.

But an answer to your question about a potential freeadvice post is hard to say. Remember, this is the case that established the parameters of adverse impact. If Mr. Griggs had asked that question the day after the company declined to hire him, and asked it in the manner you stated, a general-advice answer (which is all we can give here) would almost certainly be no, his rights were not violated. That's because the law AS IT WAS AT THE TIME had not yet recognized the possibility of adverse impact. We see it now, but almost 35 years ago that wasn't the case.

Then Beth's point also has to be taken into consideration. A requirement for a degree for a position with the exact same job description might establish an adverse impact in one part of the country and not in another, because the demographics are different.

 

[Katy W.]

Happy day!

You realize I now have a whole new group of people to send to the EEOC.