What makes a job description ada compliant

But not all job descriptions are created equal. Many employers who do use them struggle to develop and create compelling job descriptions, with the end result being generic and largely unhelpful for both employers and job seekers.

Think about it: How can an employer expect to receive quality applicants with a subpar job description? Beyond the significant impact great job descriptions can have on recruiting efforts, they can also prove to be an invaluable tool when it comes to human resources compliance. The Americans With Disabilities Act ADA made it unlawful to discriminate against individuals with disabilities in all employment practices, including recruitment, hiring, firing, promotions, job assignments and more.

The ADA stipulates that employers cannot discriminate against a qualified applicant with a substantial impairment who is capable of performing the essential functions of a job with or without reasonable accommodation. Usually less than ten job duties are essential activities necessary to the job. Job Setting A. Work-site What is the physical layout of the work-site? What equipment is used in the work setting?

Where are the essential functions performed? What conditions are required for task completion? Is the job accessible parking, entrances and exits, doors? Does the job necessitate completing tasks in multiple, alternate, or off-site locations?

Workstation How is the workstation arranged? How do workers obtain and discard equipment and materials? How is the work organized? Activities What is the required output level for the job? What are the expected results? What is the relationship between each task? If there is a task sequence or a task hierarchy, document this order. What are the necessary physical and mental requirements needed to accomplish the job?

Is specific training necessary? Document what required experience, certificates, and education are necessary. What are the safety and quality control measures in place? Document potential workplace hazards and the measures taken to eliminate them. What happens if a task is not performed appropriately? What level of responsibility is necessary? What happens if the end result is not achieved?

Are there specified time frames for completing a task? Step 2: Recording the Basics Employers should develop job descriptions that clearly define the essential functions of every job before advertising the job or interviewing applicants.

Step 3: Detailing Qualifications When detailing qualifications on job descriptions, employers typically require certain knowledge, skills, aptitude, training, and previous experience.

Step 4: Maintaining Consistency Internal consistency is very important when developing an overall bank of organizational job descriptions. Job Descriptions and the Accommodation Process Sometimes it can be overwhelming when trying to get a sense of the overall accommodation picture. The following situations and accommodation solutions are based on sample job descriptions provided in the appendix of this document: Situations and Accommodation Solutions Situation 1: An applicant is interviewing for a Computer Programmer position.

Although not required to disclose, the applicant decides to tell the employer she has diabetes due to questions about a particular job requirement for which she may need an accommodation. May need to test blood sugar and take insulin while at work.

Prospective employee is happy to work adjusted hours provided that she can take the steps necessary to regulate her diabetes. Accommodation Solution: Employer accommodates the employee by allowing her to adjust her lunch hour to a. The employee was allowed to bring a small refrigerator to store food and medication in her office. When working evening hours, the employee could set her own dinner breaks accordingly.

Read more. Situation 2: The new Food Service Manager is a person who has multiple sclerosis. She uses a cane for mobility assistance. Situation 3: A Sheet Metal Worker has a speech impairment. He stutters and when nervous, the condition becomes much more prevalent.

Accommodation Solution: As needed, the employee makes recommendations in writing. Situations and Solutions: A large employer was in the process of updating job descriptions to be accurate and fair, to insure that candidates with disabilities who might otherwise be qualified and able to perform job duties were not excluded.

View All Publications. View All Articles. View All Blog Posts. View All Upcoming Events. View All Recordings. View All In-Person Trainings. View All Exhibits. Businesses that are inclusive of individuals with disabilities can benefit from a wider pool of talent. Recruiters of qualified candidates for employment, should be knowledgeable about disability inclusion, Americans with Disabilities Act ADA compliance, and how to navigate the hiring process with candidates with disabilities.

This session will enable recruiters and hiring managers to build ADA competence and confidence and will include practical information about best practices, ADA compliance, pre-employment inquiry rules, and accommodating candidates with disabilities.

View Video Recording. Come learn about the various assistive technology and other types of reasonable accommodations employers can provide to employees with motor impairments which enable employees to overcome workplace barriers. Attend this webcast to learn more about current events related to job accommodations, the Americans with Disabilities Act, and the Job Accommodation Network.

Remember that if the EEOC is investigating a claim of discrimination, it will examine your decisions in identifying those functions which are essential. Certain positions require that applicants meet specific physical criteria. These demands can include an ability to lift or move items weighing a certain amount, to sit or stand for durations of time, or to climb stairs or ladders.

In preparing a statement to this effect it is important to qualify these requirements by noting how often the task is required, e,g. Remember to narrow these physical demands descriptions to essential functions only. Broader application can unnecessarily limit persons with disabilities and potentially expose an employer to legal liability. This is another opportunity for employers to narrow the description of a position in order to avoid surprises when an applicant learns later of a job condition that prevents performance.

Examples of conditions to cite in the job posting include:. A quality job description and corresponding posting which both attract the best candidates for a position and places an employer on solid footing with the ADA does not come about by accident. Employers who successfully and consistently develop strong, compliant job postings have also provided guidance in this regard with well-written human resource policies and training.

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It is mandatory to procure user consent prior to running these cookies on your website. 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.

Other kinds of evidence that EEOC will consider include: the actual work experience of present or past employees in the job, the time spent performing a function, the consequences of not requiring that an employee perform a function, and the terms of a collective bargaining agreement.