Job Announcement Submission
Before Proceeding you must read and acknowledge the following disclaimer regarding Reasonable Accommodations and Essential Job functions
PoliceApp recommends departments & agencies alike take the time add/attach a written job descriptions that specifically lay out essential and nonessential job functions for said job. Both the ADA and the EEOC’s ADA regulations list an employer’s written job description as a crucial factor in determining a position’s essential duties. Employers create job descriptions to describe the duties and responsibilities of a position. This documentation can help protect the agency in the event of a lawsuit by indicating which duties the agency deems essential to a position.
Reasonable Accommodations and Essential Job Functions
Under the ADA, it is unlawful for an employer to discriminate against a disabled employee who qualifies for protection under the Act. Such discrimination includes an employer’s failure to make “reasonable accommodations” for known disabilities, except where the employer can show that the accommodation “would impose an undue hardship” on the employer’s business operations. 42 U.S.C. § 12112(b)(5)(A).
Importantly, the ADA does not require an employer to reassign any of the essential functions of the disabled employee, nor does it require an employer to hire additional employees to perform an essential function. Instead, the employer must accommodate a disabled employee only when an accommodation “would enable the employee to perform all of the essential functions of said position.” Job descriptions need to be complete and include job functions that may even seem obvious, for example “driving” versus “riding.”
Job Description Disclaimers
Many job descriptions contain disclaimers that indicates your job can potentially includes duties that are not in your job description. At the bottom of your job description, you're likely to see a disclaimer that you can interpret as, "And all other duties assigned." The disclaimer might be officially written in language such as, "The job description doesn't imply an employment contract, nor is it intended to include every duty, task or instruction for which the employee is responsible. Other tasks may be assigned, based on business needs and the department supervisor's request." A small statement like that can quickly deter a disgruntled employee from filing a lawsuit, knowing they accepted the job that could require duties that aren't listed in said job description.
(* Denotes Required Fields)