The snow is melting, the birds are chirping, and March has arrived. As the popular saying goes, “March comes in like a lion and out like a lamb.” Just as the weather in March can oscillate from snow to sunshine, so can the adventures and challenges that walk into a Superintendent or Business Manager’s office. One area of concern our firm is seeing lately is the lack of ADA-compliant job descriptions. Many of you are in the process of renewing or issuing employment contracts or renewal agreements which makes this a great time to review job descriptions. Schools should not wait until they receive a request for an accommodation–or worse, yet, a lawsuit–before developing or reviewing job descriptions.
Although job descriptions are not required by either state or federal law, they are a key component of ADA compliance. If you have well-drafted job descriptions, they can protect your school district from claims of disability discrimination. That is because a well-crafted job description will include a list of “essential functions.” Essential functions “are those functions that the individual who holds or desires the position must be able to perform unaided or with the assistance of a reasonable accommodation.” Essential job functions are crucial to 1) determining if a potential employee can perform the essential functions of the job, 2) defending the District from any disability discrimination claims, and 3) requesting medical certification under the Family and Medical Leave Act.
Our Recommendations. Spring is the perfect time for schools to update job descriptions. Even if your district has them in a file somewhere (possibly collecting dust), positions evolve over time (and attorneys learn how to draft more specific lists of “essential functions.”) After updating your job descriptions, we recommend that you share them with employees. Each employee should sign the job description to attest to receiving the description and indicating the employee can perform the essential functions of the job. Now is an opportune time to have staff review and sign for receipt of job descriptions. When you issue contracts and work agreements to staff, include a copy of their job description for review. We do not recommend job descriptions be included in board policy.
If you have any questions about drafting job descriptions, would like assistance with the job analysis process, or would like sample job descriptions, please feel free to contact Karen, Steve, Bobby, Coady, Jordan, Tyler or Sara at (402) 804-8000, or send everyone an email at ksb@ksbschoollaw.com.