Are Your Job Descriptions Accurate?
That Could Make a Difference in an ADA Case
In today’s modern workplace, many employers have considered alternatives to traditional, in-office, 40-hour-per-week positions. Some employers have telecommuting options for certain employees, while others provide options for flexible schedules. However, not all positions are suited for work outside a traditional office setting and some positions cannot be as flexible as others. What happens when an employee who is protected under the Americans with Disabilities Act (ADA) requests to work from home, wants a flexible schedule, or asks for an exemption from overtime as an accommodation?
Several factors determine whether an employee is protected by the ADA, including whether the employee can perform the essential functions of his or her job with or without accommodation. Job duties make up these essential functions. Therefore, a job description that accu