Q&A: Job descriptions, important capabilities, and the ADA – Cyber Tech

Query: Now we have a store technician who generally works on welding tasks when now we have low staffing. Welding is just not included of their written job description though they do it on a routine foundation. Do now we have to replace their job description to replicate the welding duties?

Reply: It is best to. In a latest case, a container technician was assigned to often work on welding tasks, however his job description didn’t embrace any point out of welding. When he turned unable to carry out welding duties attributable to receiving a pacemaker, his employer terminated him. Beneath the Individuals with Disabilities Act (ADA), an employer is required to make an inexpensive lodging that will enable an worker to carry out an “important perform” of their place. The worker argued that, since welding was not included in his job description, it was not a necessary perform of his container place, and he ought to have been in a position to stay in that position. Now a jury will determine whether or not the welding work was an “important perform” regardless of it not being particularly included in his job description (Trevino v. Waste Administration of Louisiana, LLC, WD Louisiana, Jan. 2026).

In case you haven’t formally documented whether or not a activity is an “important perform,” then it might be troublesome to later argue that the worker can’t carry out their job if they will’t carry out that activity. As soon as job descriptions are created, it’s best to set up an ongoing schedule to evaluation (e.g. yearly or sooner if the job duties considerably change) after which replace as wanted. Along with ADA compliance, correct job descriptions are sometimes essential in wage and hour points (e.g. exempt vs. non-exempt classifications), health for responsibility requests, hiring, and common efficiency administration.

Vigilant members have entry to an entire job description database on the member web site, which gives normal templates as a place to begin so that you can customise. If you would like extra details about your obligations beneath the ADA, begin with our Authorized Information, At a Look: Individuals with Disabilities Act (ADA).

Not a member? Attain out as we speak to be taught extra about Vigilant membership for assist with job descriptions or the ADA.