Job descriptions aren’t just part of your internal recordkeeping—they’re an invaluable tool in your battle against lawsuits. But if they’re not up to snuff, they can be your very worst enemy. Unfortunately, too many employers don’t realize this until it’s too late.
In one recent case, the job description played an important role—one that was devastating to the defense.
“Royce Madison,” an avid sportsman who worked at the Oakley Park District Fitness Center (OPFC), never dreamed that a quick game of Wallyball would cause him so much trouble.
One day, while Madison was working, he was approached by co-worker Robert Bailey, who asked him to join a game of Wallyball (a team sport similar to volleyball played on a racquetball court) with some of the center’s patrons. Madison declined, but Bailey persisted, telling him that without him they couldn’t play. Madison gave in, and during the game, he was injured.
An arbitrator awarded workers’ comp benefits. OPFC appealed, arguing that “[a]ccidental injuries while participating in voluntary recreational programs including … athletic events … do not arise out of the course of employment ….”
Madison’s supervisor testified that Wallyball was not within his duties; that she never ordered him to play; that Bailey had no authority over him; and that OPFC had a policy prohibiting employees from engaging in sports while on duty.
Madison responded that he was not aware of such a policy, that he had played Wallyball during work hours at least three times prior to the day he was injured, and that he had never been reprimanded for playing.
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The upshot? The worker’s job description turned the court against the park district. The court wrote that, “according to his written job description,” Madison’s responsibilities included “promoting Oakley Park District programs” which “clearly” did not limit him to promoting only fitness-department programs.
The court concluded that Madison’s belief that joining the Wallyball game was part of his duties was “reasonable in light of his written job description.”
Although the employer in this case made a number of mistakes (failure to enforce its policies, for example), the one hurdle it couldn’t overcome was the job description.
Job descriptions can be pivotal evidence in many types of cases that involve how well employees are doing their jobs. True, people have to do “other duties as assigned,” but it’s always going to be an uphill battle to prove that something not mentioned in the job description is a significant duty.
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It’s also important to factor in the Americans with Disabilities Act (ADA). Under the ADA, the designation of “essential duties” in the job description is critical.
But remember—the courts will not give much credence to a job description hastily prepared after a discrimination suit is filed. You’ve got to do your job description work now—before a case is brought.
In tomorrow’s CED, we’ll get more on job descriptions and the law, and we’ll take a look at a unique resource that can help you with your job descriptions.