Job Descriptions and the ADA

If you already have job descriptions, chances are that they list "Duties and Responsibilities" or "Tasks" instead of "Essential Functions" on the major written section of the descriptions. This is because most job descriptions were written before the Americans with Disabilities Act (ADA) was passed. As most employers know, the ADA went into effect for employers with at least 25 employees in July 1992; for employers with at least 15 employees, the law becomes effective in July 1994.

According to the ADA, employers may not refuse to hire an otherwise qualified individual with a disability as long as that individual can perform the "essential functions" of the job "with or without reasonable accommodation." "Essential functions" are those duties that an individual must be able to perform, i.e., fundamental rather than marginal duties, and this is where job descriptions come in.

In determining whether a function is essential, one of the things that the EEOC will look at is a written job description prepared by the employer before advertising the position or interviewing applicants. Job descriptions are not required under the ADA, and some employers may choose not to use them. But for most employers detailing the essential functions in a job description will help ensure that applicants with disabilities are not rejected because they cannot perform marginal job duties.

Because of the importance of the ADA, we'll discuss some of these issues in more detail.