“Job descriptions have a place in so many aspects of workplace law,” Charlie Plumb advised in a recent BLR webinar. Meeting ADA requirements is often top-of-mind since the accommodation process starts with outlining the essential functions of the job, but job descriptions are also impacted by other employment laws, like the Family and Medical Leave Act (FMLA) and workers’ compensation.
Job Descriptions: Where do ADA Requirements, FMLA Leave, and Workers’ Compensation Fit?
What are the legal trends affecting job descriptions? First, and perhaps most obvious, is the expanded definition of disability under the ADA, which “is going to have a great deal of impact on the importance of accurate and enforceable job descriptions.” Plumb told us. “We’re already seeing nationally that the Equal Employment Opportunity Commission has ramped up its enforcement of the ADA.” By accurately outlining the essential functions of the job in the job description, employers are better placed to not only make accommodation decisions (thus meeting their ADA requirements), but also to defend themselves against potential ADA discrimination claims.
“Another legal trend that’s coming into play when it comes to job descriptions is the Family and Medical Leave Act. The Department of Labor has kicked off an initiative where they are devoting more resources to FMLA investigations and FMLA prosecutions. And job descriptions, not surprisingly, figure prominently in that effort. Employers’ job descriptions are being scrutinized by the Department of Labor when it comes to FMLA, in terms of what we’ve required in the way of medical certifications and what we’ve done in terms of returning people to work at the end of their medical leave.” Plumb noted. After all, how can a fitness-for-duty exam be administered without a clear description of the duties?
Enforcement of workers’ compensation laws – especially the prohibition of retaliation – also highlights the importance of accurate job descriptions. While workers’ compensation laws vary from state to state, “almost universally in the last 12-18 months we’ve seen a dramatic increase in retaliation claims: employees contending that they were retaliated against because they filed workers’ compensation claims or sought workers’ compensation benefits.
“When those claims of retaliation under workers’ compensation get raised – particularly when an employer has said ‘I can’t take you back to work because of your medical limitations’ – the job description plays a key role in deciding in the eyes of many jurors whether an employer acted reasonably or whether they retaliated against that individual because of the workers’ compensation claim.”
All these trends truly emphasize the importance of using accurate, effective job descriptions.
For more information on the legal trends affecting job descriptions, order the webinar recording of “ADA-Safe Job Descriptions: HR’s How-To for Defining Essential Functions.” To register for a future webinar, visit http://catalog.blr.com/audio.
Attorney Charlie Plumb represents management in all phases of employment law and labor relations and also serves as leader of McAfee & Taft’s Labor & Employment Group.