Saturday, January 7, 2012

Job Descriptions and the ADA


In July of 1992, the American with Disabilities Act (ADA) was born. If you are an employer with 20 or more employees, you are subject to ADA.

When an employer documents the work environment conditions in a job description, the employer takes a step toward ADA compliance. A well-developed job description should detail the “essential functions” of the job. This can be extremely helpful when an employee requests a reasonable accommodation under ADA.

Ensure that your job description of the physical requirements of the job is accurate. How much exposure to environmental conditions does the job require? How much noise exists in the typical work environment? Does the employee face exposure to blood-borne pathogens that require use of personal protective equipment?

Under the ADA regulations employers must provide "reasonable accommodation" to those individuals who qualify under ADA. Amending an essential function of the job may not be a reasonable accommodation - unless of course it can be modified. But how will you be able to make the decision about a "reasonable accommodation" if you don't have the job description with the essential functions listed?

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