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I can only speak for the U.S., but "required to actually do the work" has nothing to do with whether or not I'm legally allowed to set a requirement for a job.

There are protected classes/categories that can't be part of the employment decision, but outside of those, the employer is free to set whatever criteria they want for the position.

If I run a plumbing company, I could say "all of our plumbers must have a computer science degree," and I can't imagine there's any legal reason I couldn't do that. I'd certainly have a recruiting problem, but not a legal problem as far as I'm aware.



If the requirement has a disparate impact on one of those protected classes, you can run into problems in the US.

So in the case of plumbers, if a plaintiff can show that you are hiring fewer women because women are less likely to have CS degree—then you would need to show a “demonstrable relationship to the requirements of the job” for a CS degree.

However, this isn’t an issue for software developer positions. A CS degree doesn’t have to be absolutely necessary to be able to perform the job, it just needs a demonstrable relationship to the job requirement. There is also already precedent that a degree in a related field does meet that requirement.




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