Job duty details matter

摘要

Choosing not to develop job descriptions fails to recognize how critical they can be to numerous operational and legal workplace issues. Accurate and up-to-date job descriptions are implicated even before the employment relationship begins, at the hiring stage. A well-written job description should guide the employer in crafting effective interview questions. Additionally, for applicants with a disability, the "essential functions," which are the most fundamental part of an effective job description, should serve as the objective criteria to determine if the applicant can be reasonably accommodated in the position, as required under the Americans with Disabilities Act (ADA), or if the employer can decline to hire the applicant on the basis of such a disability. An employer can decline to hire an applicant who cannot perform the "essential functions" when no reasonable accommodation is available, as that applicant is not qualified for the job under the ADA. An employer is not required to employ a current employee if the employee cannot fulfill the essential functions.