Does the ADA Require Job Descriptions? No, But …

If you do have job descriptions, the Equal Employment Opportunity Commission (EEOC) has said that it will review or consider them, as well as other relevant information, when determining essential functions. Therefore, it is important to keep job descriptions current. Claiming later that some function not listed on the description is a task essential to the job is more difficult to prove than if the task is already listed on the description.

The job description should be completed before the job is advertised or posted and before internal or external applicants are interviewed. This ensures that the description cannot be used effectively against the employer if a person who is disabled applies for a job, and a newly written description appears with requirements unable to be fulfilled by the applicant.

Job descriptions should be kept up to date. Outdated descriptions may be used against an employer, even when the employer is fair and nondiscriminatory. A plea by the employer that the only description for a job is not up to date is suspect when the end result precludes a person with a disability from working in the position.

Physical and Environmental Requirements

Since the ADA requires that otherwise qualified applicants and employees be able to perform the essential functions of a job with or without reasonable accommodation, a section detailing the physical and environmental requirements for a particular job should be included. Such requirements must be tied to the essential functions of the job itself.

Use the following forms to evaluate the physical activities required by the job description. Simply check off the boxes, and attach to the job description.

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Physical Requirements Check-Off Form

Check off only the physical abilities that can be directly related to the essential functions of the job. (Caution: Make sure you are not setting stricter requirements than for similar workers already employed.)

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Work Environment Check-Off Form

Other factors that are applicable may be added as appropriate.

In tomorrow’s Advisor, the five questions that identify essential functions, plus some good news—your job descriptions are all updated in BLR’s SmartJobs.