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NSBA Registers Opposition to New EEOC Policy

February 15, 2012

From SBAM’s national affiliate, NSBA:

As NSBA reported last week, the Equal Employment Opportunity Commission (EEOC) has come out with a new policy that any employer requiring high school diplomas would be unlawful under the Americans with Disabilities Act unless the employer can demonstrate that the diploma requirement is job related and consistent with business necessity. This new policy was informally discussed starting in November 2011, but more recently was adopted in January 2012 under the radar and with little- to no notification to employers.

NSBA has submitted a detailed letter opposing this move as it will lead to needless, expensive and damaging litigation, have an adverse impact on small businesses and employment levels as well as discourage young people from pursing educational attainment. In the letter, NSBA questions the evidence prompting the policy change and states the policy would stymie job growth and employment.

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