Professional Documents
Culture Documents
6525
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Job descriptions don't always use the phrase "essential job function." But
James J. McDonald, Jr., a partner with Fisher & Phillips, thinks using this phrase might not be a bad idea. He recommends this as a way to fortify the employers' legal position in the event an employee later develops a disability affecting his or her ability to perform those essential functions. Eliminating any ambiguity about which job functions are truly essential is a good preventive measure.
When the employee suffered an eye injury and was no longer eligible for this license, he was terminated. The employee asserted his job rarely actually required him to drive a truck. But the court held his particular experience in this job "is of no consequence in the essential functions job equation" and gave deference to its inclusion in his job description. (McDonald adds, other courts might have a different interpretation, but certainly omitting any occasional requirements from a job description would be a mistake.)
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Judy Lindenberger, a consultant with the Lindenberger Group, LLC, says a good job description should be organized using these basic components:
Job title; Department; Direct supervisor; Overall responsibility; Key areas of responsibility (i.e. the details, including essential job functions); "Consults with" (i.e. co-workers and others the employee will work with); Term of employment (if applicable); and Qualifications (skills and experience).
She encourages employers not just to create the job description based on
a job's history, but to think of new aspects of the job which should be required in light of the company's long-term objectives.
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Similarly, carefully think through the degrees and licenses you require, to
ensure they have a direct bearing on the individual's ability to perform the specific job.
Finally, when you're done with the job description, take a fresh look at it and
be sure the job you describe is "truly doable," Lindenberger says.
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