You can reject candidates for performance-related reasons. You cannot reject a candidate for status within a protected class. Structured patterns suggesting protected-class discrimination may raise issues, though typically require convincing evidence. Offsetting considerations (say, recruiting or mentoring programmes) might be considered mitigating.
The EEOC does not establish precedent, it is a federal agency, not a court, so correct-it is not "prcedent" setting. But it is still relevant and worth caution, care and consideration when assessing potential hires based on 'literacy'. Non-Compliance is costly.
And with that, I conclude my alliterative TED Talk on best practices and compliance in hiring.
You can reject candidates for performance-related reasons. You cannot reject a candidate for status within a protected class. Structured patterns suggesting protected-class discrimination may raise issues, though typically require convincing evidence. Offsetting considerations (say, recruiting or mentoring programmes) might be considered mitigating.