When clients ask us for advice on matters involving reasonable accommodations for injured workers, the first request we have is to see the particular job description. Unfortunately, far too often the response from the client is “we don’t have one.” One of the legal tips I cover in my book 10 Employment Law Tips Employers Need to Know and that I include in my lectures to business groups, is “always have written job descriptions for every position.”
The case of Jennings v. Womble, Carlyle, Sandridge & Rice, is a good example of exactly why job descriptions are vital. In a case concerning the Americans with Disabilities Act (ADA), a North Carolina federal judge ruled against the EEOC and granted summary judgment in favor of the defendant law firm. According to the Triangle Business Journal, the firm fired Charlesetta Jennings, a support services assistant, following breast cancer treatment because she could not lift more than 20 pounds. U.S. District Court Judge Catherine Eagles’ ruled that Jennings was not a qualified individual under the ADA because lifting more than 20 pounds was an essential function of her job and the EEOC failed to identify any reasonable accommodations.
Jennings performed “entry level basic operations” for the North Carolina-based law firm. The job description included running high-volume copy machines, handing out office supplies, answering customer questions and filing. In 2008, the firm cut the assistant staff by half requiring the remaining Assistants to perform many additional tasks. Jennings spent most of her time copying, scanning and printing assignments. She was diagnosed with breast cancer in 2008, and came back to work in 2009. A few months later, she noticed swelling and tenderness in her arm. Doctors’ diagnosed it as lymphedema stemming from the cancer treatment, triggered by heavy lifting. In 2010, Jennings submitted a doctor’s note, stating that she should not lift more than 10 pounds.
In 2011, human resources told Jennings that her job description included being able to lift up to 75 pounds. She got another doctor’s note, which stated that she should not lift more than 20 pounds. Jennings was placed on medical leave and fired six months later, with no change in her lifting restriction. Jennings testified that half her former colleagues could not perform all of the 14 written job descriptions for the position. She did not present evidence to dispute whether the description accurately described what support service assistants did.
“It is undisputed that she was required to lift more than 20 pounds in connection with several aspects of her work, until her disability changed her work duties,” Judge Eagles wrote. “Indeed, the consequences of not requiring Ms. Jennings to lift more than 20 pounds shows that this function is essential, even if she personally did not spend much time doing such lifting.”
Recommendations:
- Have written job descriptions for all positions and make sure they include:
- Category titled “Essential Functions”
- Label position exempt or non-exempt
- Date and employee signature
- Regularly schedule reviews and updates for all descriptions
- Provide job descriptions at time of hire and when moving an employee into a different job
We hope you found this information of value. Please do not hesitate to contact Holman HR with any questions you may have.