Employers around the country have become concerned about a letter from the Equal Employment Opportunity Commission that says requiring a high school diploma for certain job positions could violate the Americans with Disabilities Act.
Specifically, the commission argues that many disabled applicants might be unable to obtain a high school diploma and could be screened out as potential job applicants due to their disabilities.
This could create problems for employment if employers fear the legal consequences for requiring applicants to have a high school diploma, even when the job requires that aptitude.
Employers would have to spend more time defining and describing the duties of each job and justifying why such a position requires a high school diploma. If they fail to meet the standards set by the EEOC, they could face expensive and burdensome lawsuits.
Some have also argued that, for many, there might be less of an incentive to obtain a high school degree if more employers are afraid to make it a qualification. Whether this would occur is debatable, but it should make the commission re-evaluate possible unintended consequences of this interpretation.
But the consequences of the commission's opinion are nowhere near as bad as the philosophical principles which it violates.
First, the commission's interpretation is an attack on individual achievement. It does not see people in terms of their distinguished merits, but instead views people as part of collective groups, all of which deserve equal opportunity, regardless of qualifications.
While the EEOC may argue that it is not trying to eliminate standards of employment, many employers might lower their qualifications for fear of frivolous lawsuits, especially in this economy.
Second, the fact that the commission is dictating the sort of people that a business owner can hire is an anathema to the entire idea of economic liberty. The statements by the commission make it appear as though it, as an agent of the state, is the true owner of the businesses. However, in its gracious wisdom, it allows private individuals to control the day-to-day operations — as long as they conform to the government's rules, that is.
While it may sound cruel, people should be allowed to hire whomever they want without fear of consequences. Those who require outrageous qualifications, or those who discriminate based on arbitrary considerations such as race or gender, will be run out of business by competitors who employ fair hiring practices.
But the laws of economics do not concern those at the EEOC or members of many bureaucracies, for that matter. Instead, the freedom to hire or not hire is trumped by arbitrary notions of "fairness."
