I’m being denied a promotion because I don’t have a college degree. Can my boss do that?

Under employment law, there are a number of cases where education can legally be used to deny a promotion. “Minimum job requirements” is one. Because the employer is paying for a person to complete a job, under employment law, they are allowed to set the minimum requirements for that job. However, the requirement for a college degree cannot be one that has a disparate impact on a protected class of people, unless there is a bona fide need for the college degree to do the job.

Based on employment law and labor law, it’s well within an employer’s rights to set requirements for a job. These requirements can include a college degree or any other qualifications that he or she believes are necessary in order to perform the given tasks. However, the requirements have to be reasonable for the job and they cannot be discriminatory against a class of people based on race, gender, religion, or other protected status. Employment discrimination is against the law in the United States. For example, there have been cases in the past where a requirement for a high school diploma was challenged due to the fact that there were more minorities in the area who did not have such a diploma.

This isn’t to say that every education requirement that happens to disqualify more minorities than non-minorities is prohibited. The key is whether or not the requirement is bona fide or legitimate. For example, in a situation where a certified nursing assistant, who has experience but no formal biology training, wants to move up to a position as a registered nurse who may be expected to assist with surgeries, install intravenous (IV) medications, or conduct other more complicated tasks, it would be impossible without a formal education. Thus, this is an example wherein the minimum job requirement is a legitimate one, regardless of whatever disparate impact it may have.

If you believe you are a victim of employment discrimination or you feel your employer has violated employment law or labor law, you should consult with a lawyer who can provide you with help and assistance.

Case Studies: Exploring Educational Requirements in Employment Decisions

Case Study 1: Promotion Denied Based on Educational Requirement

Lisa Thompson, an employee at Corporation, was denied a promotion to a managerial position because she did not possess a college degree. Lisa believes that she has the necessary skills and experience to excel in the role and feels that the educational requirement is arbitrary and discriminatory. She consults with an employment lawyer to explore her options and determine if her employer’s decision violates any employment laws.

Case Study 2: Disparate Impact of Educational Requirement

Sarah Johnson, an African American job applicant, applies for a customer service position at Company. The company’s job description specifies a requirement of a bachelor’s degree. However, statistical data reveals that a significantly higher proportion of African Americans in the local area lack a bachelor’s degree compared to other racial groups. Sarah suspects that the educational requirement may disproportionately exclude minority applicants and seeks legal advice to assess whether it constitutes employment discrimination.

Case Study 3: Legitimate Education Requirement for Specialized Role

John Davis, an employee at Hospital, works as a surgical technician and aspires to become a surgical nurse. To qualify for the promotion, he must obtain an Associate Degree in Nursing (ADN). John questions the necessity of the degree, as he believes his experience as a surgical technician should be sufficient. He consults with an employment attorney to understand whether the ADN requirement is a bona fide occupational qualification or if it could be challenged as discriminatory.