It is not really magic, but a well-written, accurate job description is an employer’s friend. (Not a pick you up at the airport friend– but still a friend.) The EEOC concurs. Now a recent court case reminds us why and how a current job description helps.
WHAT: Costco prevailed in court where an employee alleged pregnancy discrimination under the ADA because she was put on temporary leave. You read that right. The court upheld placing a pregnant employee on leave under the ADA. In fact, Costco won on a motion for summary judgement, meaning there was no expensive, drawn out litigation.
HOW DID COSTCO WIN? Costco had clear, accurate and well-defined duties for the job.
WHY DID THE COURT SIDE WITH THE EMPLOYER? Courts will defer to job descriptions as evidence of an essential function of the job. The ADA does not require reasonable accommodations where essential job functions cannot be met. No middle road here when you reflect the job functions correctly on the job description (and the job advertisements help too).
WHAT SHOULD WE DO? Take a hard look at what people are actually doing–talk to employees and managers. After this crazy year– with so many shifts in duties, functions, schedules and the way we do business–it is a very good time to do so. Then look at what your organization wants the person in that position to do. Poof! That is the place where the magic happens. Write or re-write a job description. Of course, we can help you through the entire process.
We have fixed fee solutions for job descriptions that clients have found painless to use. We can also craft a solution that works for your organization. Contact us. We can help.