Job Descriptions
Issue #56
May, 19, 2008
Have you ever thought of a job description as being a risk management tool? A recent court decision involving a disability discrimination claim points out that accurate job descriptions may be the key to business necessity defense.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against qualified disabled individuals with regard to any term, condition, or privilege of employment. The law extends to decisions regarding such matters as applications, hiring, advancement, discharge, compensation, and training. When evaluating whether an individual is qualified, an employer must determine whether the individual can, with or without reasonable accommodation, perform the essential functions of the position in question.
Essential Functions
"Essential functions" are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. Each job should be carefully analyzed to determine which functions are essential to its performance. According to the Equal Employment Opportunity Commission (EEOC), factors to consider in determining if a function is essential include:
• Whether the reason the position exists is to perform that function
• The number of other employees available to perform the function or among whom the performance of the function can be distributed
• The degree of expertise or skill required to perform the function.
The ADA requires courts to consider the employer's judgment as to what functions of a particular job are essential. Therefore, if an employer prepares a written job description in advance of advertising or interviewing for a job, it will be considered by the EEOC as evidence of the essential functions.
A recent case by a federal appeals court highlights the importance of job descriptions and the employers documentation of essential functions (Holly v. Clairson Industries). The employer asserted that arriving on time to work was an essential function because it would not disrupt other employees working on the assembly line. As a result of the employee's disability, there were frequent times that he was a few minutes late, resulting in being fired for tardiness.
However, on examination of the employee's actual duties, the court determined that the employee did not work on the assembly line and that his tardiness would not affect assembly line operations. Therefore, the court permitted the employee to pursue his disability discrimination claim because punctuality was not an essential function of his job.
This points out the importance of job descriptions as a risk management tool. They should be analyzed periodically to make certain that the essential functions listed are actually those required by the job.
Free for the asking . . . .
Email your request to me at ed@kempkey.com and I will send you a job description questionnaire. This form is designed to provide the necessary information to allow formal analysis for classification, setting of minimum requirements, and preparation of a job description.
Kempkey Insurance Services goes beyond insurance by designing and implementing risk management programs for growth oriented businesses. We help our clients maximize the value of their insurance dollars and minimize their potential for unwanted surprises. Ed Kempkey can be contacted at (888) 536-7539 extension 2188, or at ed@kempkey.com .