dashrconsulting.com » ADAAA

5 Reasons Employers need Job Descriptions

Di Ann Sanchez — Fri, 09 Jul 2010 20:09:15 +0000

Many of my clients have asked me to outline the reasons why job descriptions are critical. I have also included a sample job descriptions template for you.

1) Job descriptions outline the necessary knowledge, skills, and abilities each position must have to successfully complete tasks.
2) Job descriptions clearly identify the expectations and responsibilities of the job.
Job descriptions outline the working conditions, tools, and equipment necessary to complete the job.
3) Job descriptions document the mental, physical, and environmental factors necessary to complete the position.
4) Job descriptions help the employee understand the essential functions of the job and attest to understanding what is expected of them. This also provides an opportunity for the employee to ask for any accommodations under Americans with Disability Act Amended (ADAAA).

5) Job descriptions not only educate the potential employee about the scope of the job, they also PROTECT the employer in case of a dispute.

If you have questions about how to write job descriptions for your place of business please don’t hesitate to give me a call.

Americans with Disabilities Act

Di Ann Sanchez — Thu, 06 Aug 2009 19:31:42 +0000

ADA On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (“ADA Amendments Act” or “Act”). The Act makes important changes to the definition of the term “disability” by rejecting the holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations. The Act retains the ADA’s basic definition of “disability” as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways.

Most significantly, the Act:

* directs EEOC to revise that portion of its regulations defining the term “substantially limits”;

* expands the definition of “major life activities” by including two non-exhaustive lists:

1. the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);

2. the second list includes major bodily functions (e.g., “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions”);

* states that mitigating measures other than “ordinary eyeglasses or contact lenses” shall not be considered in assessing whether an individual has a disability;

* clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;

* provides that an individual subjected to an action prohibited by the ADA (e.g., failure to hire) because of an actual or perceived impairment will meet the “regarded as” definition of disability, unless the impairment is transitory and minor;

* provides that individuals covered only under the “regarded as” prong are not entitled to reasonable accommodation; and

* emphasizes that the definition of “disability” should be interpreted broadly.

EEOC will be evaluating the impact of these changes on its enforcement guidances and other publications addressing the ADA. The ADA Amendments Act is effective as of January 1, 2009

Obama E.O.s that affect Federal Contractors

Di Ann Sanchez — Thu, 06 Aug 2009 18:27:28 +0000

4 executive orders signed by President Obama affect federal contractors, and have compliance requirements

1) New COBRA legislation retro to 2008 to subsidize 65%. Notices must be completed by 4/18/09.
2) Americans with Disabilities Act amended with an expanded definition of disabilities.
3) FMLA expands leave for military families.
4) New I-9 form effective 4/3/09.