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Job Descriptions
Should be Thorough |
When writing or revising job descriptions, don't make them too restrictive or you could run afoul of the Americans with Disabilities Act (ADA).
An employer must thoroughly analyze a job’s real requirements. Disabled applicants have successfully
Congress passed the ADA to help eliminate discrimination against people with disabilities.
It is a complex law that has resulted in numerous court cases. The purpose of this article is to help employers understand what the ADA requires so they can limit their exposure to litigation
It does not address the many abilities of disabled workers and their significant contributions to American businesses. | filed federal complaints saying they weren't offered jobs because the employers didn’t bother to consider that the tasks could be performed in different ways.
When reviewing your company's job descriptions, ask the following questions:
Would new techniques or technology require you to revise the job description?
Can you change the tasks in the job description and still get the job done? A "yes" answer suggests you are emphasizing how the job is done more than the results you want to achieve.
For example, if you create a job that calls for documents to be read, think hard about why they must be read. Will the employee have to analyze the content to take further action? If so, perhaps a blind employee can obtain the same information by attending a meeting at which the data is generated.
Assess your job descriptions and think about setting expected results. That allows you to discuss alternatives with disabled applicants and helps you avoid ADA complaints.
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Don't Presume Disability You may have heard about the discrimination suits against Wal-Mart and other big companies, but don't try too hard to comply with the Americans with Disabilities Act (ADA) or you could land in a legal mess.
It's important that you don't presume a disability before an employee identifies one or you could open yourself to potential liability.
Reason: If you assume a disability, it usually means the condition will be legally treated that way — whether it is or not. And the person becomes part of a protected group. If the employee is terminated because of performance problems or as part of a downsizing, the disability could become an issue.
These days, it's easy for employers to worry about staying in compliance with the ADA after hearing about well-publicized legal actions. In a 2001 lawsuit, the Equal Employment Opportunity Commission charged that Wal-Mart violated provisions of the ADA by refusing to let a store’s "People Greeter" occasionally sit while performing her duties. The employee requested an accommodation because she had severe problems standing for extended periods. The suit was the 16th legal action nationwide against Wal-Mart for violating provisions of the ADA.
However, keep in mind the ADA defines disabilities narrowly and they must limit one or more major life functions. In other words, conditions that a supervisor might consider disabilities often aren’t. So it’s prudent to wait until the employee asks for an accommodation before suggesting one or putting it in place.
For more information about the ADA, go to www.eeoc.gov. |
As a service to our readers, we will sometimes provide valuable information which may be outside our broad areas of expertise. We encourage you to work with your other professional advisors on these topics. |
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Our firm provides the information in this e-newsletter for general guidance only, and does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation. Tax articles in this e-newsletter are not intended to be used, and cannot be used by any taxpayer, for the purpose of avoiding accuracy-related penalties that may be imposed on the taxpayer. The information is provided "as is," with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.
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