From Daunting to Doable: Conquer Documenting Essential Job Functions

By Barbara Aloni

Disability and Productivity Consultant
The Standard

By David Mohl, Esq.

Principal
Jackson Lewis P.C.

Complying with the complexities of the Americans with Disabilities Act (ADA) is a constant challenge for employers. A key step employers should take to help ease the challenge is creating and maintaining job descriptions with clear essential job functions.

In order to be qualified for a position, an applicant or employee must be able to perform the essential functions of the job — the requirements and tasks an employee must, at a very minimum, meet and complete to do his or her job effectively — with or without accommodations.

It’s common for employers to question the value of developing clear and prescriptive job descriptions, as they sometimes don’t understand why it is worth the time or effort. However, outdated and inaccurate job descriptions can create costly issues when essential job functions are in dispute. But where does one begin this seemingly-overwhelming task?

Our session at the 2020 DMEC FMLA/ADA Compliance Conference, From Daunting to Doable: Conquer Documenting Essential Job Functions, will arm you with the tools to ensure you have effective job descriptions. We will address what essential job functions are, why they are critical in defending ADA claims, and highlight examples of how to approach developing effective job descriptions for your organization.

There are a lot of considerations in developing high-quality job descriptions that accurately capture the essential functions of the jobs in your workplace. From understanding how to identify what functions truly are essential, to knowing how to capture and document the information in a clear way to mitigate risk and legal challenges, our session will prepare you to bring your organization’s job descriptions up to snuff. You’ll leave ready to tackle the trickiest of challenges, including how to incorporate collective bargaining agreements, regular and predictable attendance requirements, cognitive demands, and other often overlooked items into essential job functions.

We look forward to seeing you in Boston March 23-26!