Legal Question in Employment Law in Michigan
Educational requirements for Professional Licensing
Does it constitute discrimination when the State requires ''Professional Education'' (college degree) to test for a Professional Land Surveying license?
I have 33 years of experience working directly under licensed professional surveyors, but I do not have any college degree.
The State indicates I would not be allowed to take the test for licensure.
I contend my experience IS professional education.
Thanks for your help
1 Answer from Attorneys
Re: Educational requirements for Professional Licensing
Yes, it does constitute discrimination - but not unlawful discriminaton.
All employers discriminate when making employment decisions. The announced purpose of the discrimination is to find the best person to perform the job. Employers set the standards or qualifications for the job. These standards are supposedly predicative of quality job performance, but often have little relationship to the work.
Subjective standards (loyalty,personality,friendship, blood relations, personal appearance,servility,golfing ability) have little to do with professional job qualifications, but have been a mainstay of Michigan's automotive industry's hiring and promotion practices for years. The Japanese prefer talent and quality - go figure!
Objective standards (education, positive job-related experience, professional licenses) are also used to discriminate even though they may have little to do with job performance. As a college drop-out, Bill Gates wouldn't make it in most Fortune 500 companies.
However unrealated any of the above standards are to actual job requirements, they are all legal, lawful ways to select a candidate as long as they don't have the effect of discriminating against applicants because of their race, age, sex,etc.