Writing ada compliant job descriptions
While the job description states that the clerk must also answer the phone, in practice the clerk rarely does this because other employees have responsibility for this duty.
Legally compliant job descriptions
But employers who are able to successfully create compliant job descriptions will find that not only are their job descriptions more complete, they are also more compelling. EAF responds to hundreds of hotline calls and emails monthly. Doing this will help employers stay in compliance now and in the future. As has been shown here, job descriptions are directly tied to ADA compliance. The technical answer to that question is no, the ADA does not impose specific requirements on the job description. Job requirements should include information about the education, experience, and other skills and abilities required to perform the job. Including the sections outlined above allows employers to more clearly define what they are looking for in a candidate, and in turn allows applicants to more accurately determine whether they are qualified for the position. In determining whether a job function is essential, employers should consider: Whether the reason the position exists is to perform that function; Whether removing the function would fundamentally change the position; Whether serious consequences would arise if the person in this position is not required to perform this function; The number of employees available to perform the function or among who the function can be distributed; and The skill or expertise required to perform that function.
Without these guidelines in place, misunderstandings and misdirection can lead to expensive errors, employee injuries and even costly lawsuits and litigation.
Having written policies and procedures in place allows employers to minimize uncertainty and ambiguity, and provides employees with the luxury of well-defined guidelines.
In fact, job descriptions are often considered to be evidence along with other information of the job requirements if an employer is ever sued for discrimination.
This is where the second component comes in: the essential job functions.
Writing ada compliant job descriptions
But the longer answer is that meeting the obligations under the ADA will be easier when all job descriptions keep ADA regulations in mind and are written accordingly. An employer does not have to hire an individual if they are unable to perform all of the essential functions of the job, even with reasonable accommodation. But not all job descriptions are created equal. Many employers who do use them struggle to develop and create compelling job descriptions, with the end result being generic and largely unhelpful for both employers and job seekers. Another way the essential job functions come into play with the ADA relates to reasonable accommodations. Having written policies and procedures in place allows employers to minimize uncertainty and ambiguity, and provides employees with the luxury of well-defined guidelines. Does the ADA place specific requirements on job description contents? We would be happy to answer any interesting questions you may have too! However, an employer cannot reject an applicant only because the disability prevents you from performing minor duties that are not essential to the job.
PEOs employ experienced HR professionals that help businesses avoid costly missteps and mistakes by working to develop compliant policies and tailor HR procedures to fit and promote the values of each client.
Job requirements should include information about the education, experience, and other skills and abilities required to perform the job.
Sample working conditions job description
In determining whether an employer has violated the ADA, the Equal Employment Opportunity Commission the agency in charge of enforcing the ADA , considers written job descriptions as evidence in determining whether an individual has been discriminated against because of their disability or impairment. If the individual cannot perform the essential job function even with a reasonable accommodation, this may mean the individual is no longer qualified to do the job in question. Another way the essential job functions come into play with the ADA relates to reasonable accommodations. Often, this means including requirements and qualifications that are key to performing the job, but often overlooked, such as the ability to lift a specified amount of weight, the ability to stand for an entire shift, or the ability to concentrate in a stressful environment. Example: Wei is deaf and applies for a file clerk position. This is where the second component comes in: the essential job functions. But the longer answer is that meeting the obligations under the ADA will be easier when all job descriptions keep ADA regulations in mind and are written accordingly. Share This Article:. They show the essential job functions, thus allowing employers to make distinctions between these and other job functions. These two issues overlap significantly, but both are important. On the other hand, disabled individuals who are not qualified to perform the role in question are not protected. An employer does not have to hire an individual if they are unable to perform all of the essential functions of the job, even with reasonable accommodation. When you are advertising a position, listing the job description will provide an applicant with an idea of what will be required of the individual they are looking for to fill the position.
Employers are required to use an interactive process to determine whether there are reasonable accommodations that can be made to allow a disabled individual to perform the essential functions of the job.
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