1. FEATURE STORY: JOB DESCRIPTIONS AREN'T WORTH THE PAPER THEY ARE PRINTED ON IF THEY'RE NOT ACCURATE
Employers are not legally required to create and maintain job descriptions for each and every job, but it's in their best interests to do so since job descriptions are one of the most effective tools to establish which job functions are essential.
It's important to know which duties are essential and which aren't for purposes of accommodating temporary work restrictions or employees with disabilities. Simply tagging a function as essential, however, isn't enough. You must be able to prove that job duties listed as essential truly are an indispensable part of the position.
Case in point: A 51-year-old employee was shocked to learn that, according to his job description, he needed to be able to lift 97 pounds occasionally and 73 pounds frequently. That's because, for the past 15 years, the most he had to lift was a 60- to 70-pound box once a week. He found out about these so-called essential functions when his employer required him to undergo a functional capacity evaluation following a back injury.
His doctor permanently restricted him from ever lifting 97 pounds and frequently lifting 73 pounds, so the company refused to return him to his position; he was replaced by a worker under 40. The employee argued that the lifting parameters were inaccurate, pointing to the fact that following his injury he returned to his position without any performance problems or missed days.
The company admitted that employees never lifted such weights without the help of a co-worker or machine, and even conceded that the lifting requirements weren't genuine demands of the job. The company also admitted that the employee continued to meet performance standards following his injury. Nevertheless, it stood by its decision to remove the employee from his position. Bad move, since an appeals court allowed the employee's subsequent age discrimination case to proceed. (Duncan v. Fleetwood Motor Homes of Indiana, Inc., 7th Cir., No. 07-1284, 2008)
Here's where the company went wrong.
Wrong: Having no evidence to support the creation of the job description. The company maintained it hired an outside consultant to create the document, but besides the job description being printed on the consultancy's letterhead, the company presented no evidence that a consultant ever visited the facility, performed any kind of evaluation, made any observations, or interviewed anyone. Plus, the consultant signature line was blank.
Just as bad: Using a sample job description as is, without tailoring it to meet your company's specific requirements.
Right: Whether you hire a third party to write job descriptions or you write them yourself, you must be able to defend the decision to label duties as essential or marginal. One way to do this is with notes of actual observances made of the position being performed, conversations with employees currently performing that position, etc.
Wrong: Failing to double-check the accuracy of the job description.
Right: Regardless of whether you write a job description or a consultant does, review it for accuracy. Consult with the position's immediate supervisor; then, run it by the employees currently in the position, since they know which skills are a must. If the position is a new one, follow up with the new hire to confirm the accuracy of the document.
Wrong: Leaving signature lines blank. The consultant's signature wasn't the only one missing from the job description; the lines for employee and company representative signatures were blank, too.
Right: Always, always, always check that job descriptions are signed and dated as appropriate when first created and then again whenever updated or revised.
Wrong: Failing to hold all employees in the same position to the same job description. The company presented no evidence that it used the document to conduct a functional capacity evaluation for any other currently employed individual in the same position, or any applicant for that position. In fact, it could not confirm that the employee's replacement could meet the listed lifting requirements.
Right: Don't apply different job standards to different employees working in the same position.
For more information on job descriptions, check out:
Why Bother Writing Job Descriptions
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