NT Lakis attorneys are pleased to present Part IV in our ongoing series of guides on “The Compliance Implications of Job Descriptions.” The series is designed to help employers identify the practical compliance issues that can arise in drafting, reviewing, and updating job descriptions.
In Part I, we reviewed the basic elements of a job description. In Part II, we offered 15 basic compliance principles to follow when evaluating and distinguishing between basic, minimum, and preferred qualifications. In Part III, we evaluated the practical compliance implications of using so-called job level guides.
In this Part IV, we look at the importance of job descriptions in relationship to the Americans with Disabilities Act (ADA), particularly with respect to establishing “essential” job functions. In short, a written job description, while not required, is evidence of the job’s “essential functions” under the ADA. Thus, a written job description can help an employer defend its position in a situation where the company is accused of failing to make a reasonable accommodation to an employee with an ADA-covered disability.
Members of the Center for Workplace Compliance (CWC) can read more here.