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A person who cannot "perform the essential job functions of the job with or without reasonable accommodations" need not otherwise be hired, promoted, or retained. Accommodation refers to any type of assistance, device, tool, administrative changes, etc., to help the applicant do the essential job functions.
Protection for Employers
Evidence of a good faith effort to comply with the ADA reduces the possibility of a punitive damages award in the event of litigation. More importantly, employers are not required to hire individuals who cannot perform the essential job functions with or without reasonable accommodation.
Job descriptions are an employer's best tool for identifying "essential" job functions and the physical job demands. This information plays key roles in stay-at-work/return-to-work efforts, including communication with the healthcare provider and evaluating possible job accommodations.
Job descriptions should also include information such as job qualifications, environmental conditions, and what supervision is given and received.
Properly developed and well-maintained job descriptions are a valuable management tool and will assist employers and employees in a wide range of critical employment decisions.
Assist Human Resource personnel with:
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