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Understanding Discrimination Based on Education Level

To qualify for different roles, many employers require a specific type and level of schooling. When an employer expects you to have a degree of education that you may not need for the job, then you can consider it as discrimination based on educational background. 

Despite the fact that you have rules prohibiting educational discrimination, bias can nevertheless exist in the workplace. A classic example of this can be employer-imposed academic standards that may stand as illegal. Any skills or knowledge tests that an employer needs you to take must be both essential and job-relevant. There should not be even any type of diploma discrimination.

What is Discrimination at the WorkPlace?

Discrimination in the workplace happens when a person or group is treated unfairly or unequally based on specific traits, such as religion, race, sex, age, family status, or sexual preference. However, workplace prejudice scenarios can range from persons being:

• rejected employment or promotions,
• denied equal pay for equal labor,
• denied privileges such as overtime pay,
• or harassed based on particular characteristics.

To guarantee that all employees experience fair treatment, the law has safeguarded certain qualities, making bias and harassment based on these characteristics unlawful. Discrimination due to lack of education is prohibited by a variety of federal laws.

Enforcement Responsibilities

• The United States Department of Education’s Office of Civil Rights (OCR) enforces all federal civil rights laws prohibit discrimination on the basis of race, color, sex, disabilities, national origin or age.
• OCR also funds or hosts a range of workshops, training sessions, and other seminars on education inequality to assist in deter future acts of bias.

What does Law say About it?

Many federal legislation aims at combating discrimination based on education level. For example, the Age Discrimination in Employment Act mandates that businesses allow you to participate in training or apprenticeship programs regardless of your age. Employers cannot discriminate against you because of a learning disability. They can only make a hiring decision based on your qualifications and ability to perform the job.

Title VI of the Civil Rights Act of 1964

• Discriminate on the grounds of national origin, color or race is prohibited in academic institutions that aid under this section of the Civil Rights Act or receive federal funds support.
• Complaints to OCR may include, among other things, ability grouping, school disciplinary policies, the occurrence or acceptability of inter-district student movements, school desegregation, housing problems, and racial harassment.

Title IX of the Education Amendments of 1972

This federal legislation outlaws sex discrimination in academic institutions that receive government funds. Violations of this regulation may involve the treatment of pregnant students, equal access to athletic activities, and sexual misconduct.

Title II of the Americans with Disabilities Act

This is a broad federal statute that bans public bodies, such as public school districts, public universities and colleges, public vocational schools, and public libraries, from discriminating against people with disabilities, whether or not they receive government financial grants or aid.

Age Discrimination Act of 1975

• This federal law prohibits age discrimination in educational establishments receiving federal financial assistance or grant.
• Unlike other age discrimination legislation, the Age Discrimination Act of 1975 safeguards students of all ages from age differentiation. However, the Age Discrimination in Employment Act (ADEA) only covers workers over forty,

Individuals with Disabilities Education Act (IDEA)

Every child with special education should have access to free public education, according to IDEA. Each kid with a handicap must have individualized educational opportunities and plans, according to IDEA. The government, instructors, and the parents of the disabled child must collaborate to create the plan. 

First passed in 1975, IDEA was significantly amended and changed in 1997. Further, the US Department of Education’s Office of Special Education Programs implemented it.

When Educational Discrimination is Illegal?

Employers frequently use educational discrimination in the workplace, either purposefully or unintentionally. They do this to discriminate against many of the same protected classifications of workers.

Discrimination based on education does not violate any federal anti-discrimination statutes. Thus, it is not prohibited in the employment process or in the job. However, educational discrimination may blur the line between lawful and criminal. This happens when the employee’s educational qualifications make it difficult for people protected with other laws to obtain or perform the job.

Should You Call The Attorney?

You may have a viable discrimination claim if you were:

• denied housing because of your pregnancy status,
• denied admittance because of your age,
• or harshly disciplined because of your race.

If you believe you or your child has experienced discrimination based on educational background, you can seek assistance from lawyers for workplace harassment.

Questions to Ask If You Are Educational Discrimination Victim

• Do you have proof that the organization terminated you because of discrimination?
• Can you demonstrate that you have recently been fired or laid off despite having good educational credentials?
• Do you have any people working in the organization who have experienced educational discrimination?
• Did your boss take any measures that indicated a prejudice in treatment? Was anyone else present when these events occurred?
• Is it common for your boss to make broad statements about acquiring additional employees? Perhaps, does the employer claim that people with a college education work better for them? Contrarily, they choose to hire recent college graduates.