Wednesday, January 4, 2012

The Importance of Defining Essential Demands

While not quite an ergonomics issue, a recent letter from the EEOC to several employers that advised the employers that their practice of requiring a high school diploma as a job requirement may violate the ADA. David Boyer in the Washington Times has an interesting article on the situation that may be caused by this "letter" which is not an actual decision.

However, it's not necessarily a problem for all employers - provided that they have a good handle on why they have established a particular job demand as essential.

“The EEOC may be inclined to test its view on the high school diploma requirement and its impact on the disabled in a court case,” said Ms. Metzler, who is advising clients to “review their job descriptions to determine if a high school degree is truly necessary, or would aid the employee in performing the essential functions of the particular job."

A lawyer from the EEOC also stated in the article that "issue would come up only when high school graduation standards are not related to a specific job."

As we noted here on the blog earlier this week, it's important to spend time to carefully define the essential demands - in all aspects - that are listed in your customized job descriptions. If you have questions as to the essential physical and postural demands of the employees at your company, give us a call at (732) 741-5085 or drop us an e-mail at info@biokineticsllc.com.

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