Job Descriptions Are Not Required by the ADA, But …

True, the Americans with Disabilities Act (ADA) does not require job descriptions. But … without them, it’s going to be very difficult to establish essential functions when you face discrimination charges from an applicant with a disability.

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 Outdated descriptions may be used against an employer, even when the employer is fair and nondiscriminatory.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 the forms 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.)

Job Title:
Physical Activity Required ▼	Amount of time ▼
	None	Less than 1/3 (Occasional)	1/3 to 2/3 (Frequent)	More than 2/3 (Regular)
Standing
Walking
Sitting
Fingering or manual dexterity
Repetitive finger motion
Lifting or exerting force
Up to 10 pounds
Up to 25 pounds
Up to 50 pounds
Up to 100 pounds
Over 100 pounds
Reaching or stretching
Climbing or balancing
Crouching or stooping
Creeping or crawling
Speaking
Hearing
Tasting
Smelling
Seeing (with correction)
Close vision
Distance vision
Color discrimination
Peripheral vision
Depth perception
Focusing ability

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Work Environment Check-Off Form

Again, 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.)

Job Title:
Physical Activity Required ▼	Amount of time▼
	None	Less than 1/3 (Occasional)	1/3 to 2/3 (Frequent)	More than 2/3 (Regular)
Outdoor weather conditions
Wet or humid conditions (nonweather)
Extreme cold (nonweather)
Extreme heat (nonweather)
Fumes or airborne particles
Toxic or caustic chemicals
Bloodborne pathogens
Risk of fire or explosion
Risk of electric shock
Risk of radiation
Risk of drowning
Prolonged exposure to vibration
Loud noise level

Other factors that are applicable may be added as appropriate.
In tomorrow’s Advisor, the five questions that identify essential functions, plus we introduce BLR’s unique 10-minutes-at-a-time training tool.