Job Accommodation Network

Developing job=20 descriptions is an issue that many employers deliberate. = Initially,=20 some employers may be daunted by what they perceive to be a = lengthy=20 and complicated process. Yet, with constructive tools such as = job=20 analysis, sample job descriptions, and on-line resources like = Career=20 Onestop from the U.S. Department of Labor, informed employers = are able=20 to obtain valuable information about their organizations. This = publication addresses relevant background information, which = includes=20 the role of the Americans with Disabilities Act of 1990 (ADA) = in=20 developing job descriptions, how to formulate job = descriptions, and=20 special features of Career Onestop, which assist with the = development=20 process.

BACKGROUND

What is a = job=20 description?
A job description typically consists of = six major=20 components: 1) essential job functions; 2) knowledge and = critical=20 skills; 3) physical demands; 4) environmental factors; 5) the = roles of=20 the ADA and other federal laws such as the Occupational Safety = Health=20 Act (OSH Act); and 6) any explanatory information that may be=20 necessary to clarify job duties or = responsibilities.

Should an = employer use=20 job descriptions?
Whether to use job descriptions = usually=20 depends upon a number of factors, including employer = preferences and=20 resources. Employers should look at relevant rules and = regulations,=20 the size and type of organization and industry, hiring = practices, and=20 current employees.

1. = Relevant Rules=20 and Regulations
Employers often question whether = there are=20 organizational or other rules and regulations that govern = policies=20 on developing job descriptions. Though other federal and = state=20 requirements may exist, employers are concerned with whether = Title I=20 of the ADA requires employers to complete job descriptions.=20 According to the enforcing agency for the ADA, the Equal = Employment=20 Opportunity Commission (EEOC):

The ADA does = not=20 require an employer to develop or maintain job descriptions. = A=20 written job description that is prepared before advertising = or=20 interviewing applicants for a job will be considered as = evidence [in=20 determining essential functions] along with other relevant = factors.=20 However, the job description will not be given greater = weight than=20 other relevant evidence.

The ADA does = not limit=20 an employer's ability to establish or change the content, = nature, or=20 functions of a job. It is the employer's province to = establish what=20 a job is and what functions are required to perform it. The = ADA=20 simply requires that an individual with a disability's=20 qualifications for a job are evaluated in relation to its = essential=20 functions (EEOC,=20 1992).

Guidance also = exists on=20 identifying the essential functions of the job. There are = several=20 reasons why a function could be considered essential: =

a. The = position=20 exists to perform the function. For example, a person is = hired to=20 proofread documents. The ability to proofread accurately = is an=20 essential function, because this is the reason that this = position=20 exists.

b. There are a = limited number=20 of other employees available to perform the function, or = among=20 whom the function can be distributed. For example, it may = be an=20 essential function for a file clerk to answer the = telephone if=20 there are only three employees in a very busy office and = each=20 employee has to perform many different tasks.

c. A = function is=20 highly specialized, and the person in the position is = hired for=20 special expertise or ability to perform it. For example, a = company=20 wishes to expand its business with Japan. For a new sales=20 position, in addition to sales experience, it requires a = person=20 who can communicate fluently in the Japanese language. = Fluent=20 communication in the Japanese language is an essential = function of=20 the job (EEOC,=20 1992).

According to = the EEOC,=20 several types of evidence are considered in determining = whether a=20 function is essential. This list is not all-inclusive, and = factors=20 not on the list may be equally important as evidence. = Evidence to be=20 considered includes:

a. The = employer's=20 judgment. For example, if an employer requires its typists = to be=20 able to accurately type 75 words per minute, the employer = is not=20 required to show that such speed and accuracy are = "essential" to a=20 job or that less accuracy or speed would not be adequate.=20 Similarly, if a hotel requires its housekeepers to = thoroughly=20 clean 16 rooms per day, it does not have to justify this = standard=20 as "essential." However, in each case, if a person with a=20 disability is disqualified by such a standard, the = employer should=20 be prepared to show that it does in fact require employees = to=20 perform at this level, that these are not merely paper=20 requirements and that the standard was not established for = a=20 discriminatory reason.

b. A = written job=20 description prepared before advertising or interviewing = applicants=20 for a job. If an employer uses written job descriptions, = the ADA=20 does not require that they be limited to a description of=20 essential functions or that "essential functions" be = identified.=20 However, if an employer wishes to use a job description as = evidence of essential functions, it should in some way = identify=20 those functions that the employer believes to be important = in=20 accomplishing the purpose of the job.

c. The = amount of time=20 spent performing the function. For example, if an employee = spends=20 most of the time or a majority of the time operating one = machine,=20 this would be evidence that operating this machine was an=20 essential function.

d. The = consequences=20 of not requiring a person in this job to perform a = function.=20 Sometimes a function that is performed infrequently may be = essential because there will be serious consequences if it = is not=20 performed. For example, an airline pilot spends only a few = minutes=20 of a flight landing a plane, but landing the plane is an = essential=20 function because of the very serious consequences if the = pilot=20 could not perform this function.

e. The = terms of a=20 collective bargaining agreement. Where a collective = bargaining=20 agreement lists duties to be performed in particular jobs, = the=20 terms of the agreement may provide evidence of essential=20 functions. However, like a position description, the = agreement=20 would be considered along with other evidence, such as the = actual=20 duties performed by people in these jobs.

f. Work = experience of=20 people who have performed a job in the past and work = experience of=20 people who currently perform similar jobs. The work = experience of=20 previous employees in a job and the experience of current=20 employees in similar jobs provide pragmatic evidence of = actual=20 duties performed. The employer should consult such = employees and=20 observe their work operations to identify essential job = functions,=20 since the tasks actually performed provide significant = evidence of=20 these functions.

Other = relevant=20 factors such as the nature and scope of the work operation = and the=20 employer's organizational structure may be factors in = determining=20 whether a function is essential. For example, a particular = manufacturing facility receives large orders for its = product=20 intermittently. These orders must be filled under very = tight=20 deadlines. To meet these deadlines, it is necessary that = each=20 production worker be able to perform a variety of = different tasks=20 with different requirements. All of these tasks are = essential=20 functions for a production worker at that facility. = However,=20 another facility that receives orders on a continuous = basis finds=20 it most efficient to organize an assembly line process, in = which=20 each production worker repeatedly performs one major task. = At this=20 facility, this single task may be the only essential = function of=20 the production worker's job (EEOC,=20 1992).

Employers = should also=20 research whether there are other rules and regulations that = apply to=20 them, such as state disability and federal and state safety = and health=20 laws. For example, to comply with OSH Act regulations, any = handling=20 of, or exposure to, human body fluids, biological agents, = laboratory=20 chemicals, or hazardous materials such as noise, asbestos, or=20 carcinogens must be documented.

2. Size and = Type of=20 Organization and Industry
The size of an organization = is a=20 consideration in whether to develop job descriptions. For a = small=20 organization, there may be less time and resources available = to devote=20 to the process. However, such an employer may have fewer = position=20 titles, which require less time to write the actual = descriptions. On=20 the other hand, large organizations often have a multitude of=20 departments and job titles. Larger employers benefit from = having job=20 descriptions when they need to standardize job functions = across=20 multiple locations and throughout the organization. Also, some = employers should plan on having highly unique job titles that = are=20 specific to their industries, while others will have many job = titles=20 that are extremely similar, such as organizations with several = clerical and administrative positions.

3. Hiring=20 Practices
Many job seekers consider job descriptions a = valuable=20 screening tool. Conveying job expectations and requirements in = a=20 written job description can attract qualified and interested=20 candidates. Inappropriate language used in job descriptions = reveals=20 discriminatory or inappropriate phrases and offers a quick = indicator=20 that an individual may want to apply elsewhere. For example, = an=20 employer should avoid citing standards that may unnecessarily = screen=20 out particular groups such as individuals with disabilities. = In=20 contrast, a description written in a respectful tone with = appropriate=20 etiquette may encourage an individual to apply.

According to = the ADA, an=20 employer may not ask disability-related questions and may not = conduct=20 medical examinations until after it makes a conditional job = offer to=20 the applicant (EEOC, = 1995). An=20 individual, as an applicant or a current employee, may wish to = disclose that s/he has a disability and needs an = accommodation, but is=20 uncertain whether disclosure is possible or advisable. = Including a=20 brief and accurate statement in the job description about the=20 employer's responsibility and the individual's rights may help = initiate the interactive process between an employer and an = individual=20 with a disability. If an individual is qualified to perform = essential=20 job functions except for limitations caused by a disability, = the=20 employer must consider whether the individual could perform = these=20 functions with a reasonable accommodation. An employer is not = required=20 to reallocate the essential functions of a job as a reasonable = accommodation.

4. Current=20 Employees
The process of developing job descriptions = often=20 sheds light on the nature of a job as well as suggests that = there are=20 alternative methods of performing essential job tasks. Job = analysis=20 may help encourage management and staff to work together in=20 identifying and streamlining the essential and marginal job = functions.=20

In identifying an essential function to determine if = an=20 individual with a disability is qualified, the employer should = focus=20 on the purpose of the function and the result to be = accomplished,=20 rather than the manner in which the function presently is = performed.=20 An individual with a disability may be qualified to perform = the=20 function if an accommodation would enable this person to = perform the=20 job in a different way, and the accommodation does not impose = an undue=20 hardship. Although it may be essential that a function be = performed,=20 frequently it is not essential that it be performed in a = particular=20 way (EEOC,=20 1992). Note: An employer can change the functions of a job = for=20 business reasons. "The ADA typically does not limit an = employer's=20 ability to establish or change the content, nature, or = functions of=20 its positions" (EEOC, = 1996).=20

FORMULATING A JOB = DESCRIPTION

There are = several steps=20 to completing a job description. These steps include = completing a job=20 analysis, recording the basic purpose and functions of the = job, and=20 detailing necessary qualifications.

Step 1: = Completing a=20 Job Analysis

What is a job = analysis? A=20 job analysis is an investigative process that involves = observing an=20 individual who is actually doing a job, observing co-workers,=20 interviewing the worker, and interviewing co-workers. = Additional data=20 collection might be achieved using task-centered = questionnaires,=20 checklists, and journal entries. It is imperative that job = tasks be=20 recorded with videotape, pictures, and/or sketches so that an=20 investigator can refer to them during reporting. A job = analysis=20 essentially involves determining the job's purpose and the = structure=20 of the job setting, including specifics about the work-site,=20 workstation, and activities. Once completed, a job analysis = will help=20 determine what accommodations can assist a person with a = disability in=20 performing a job.

1.=20 Purpose

=20 What are the = reasons for=20 the job's existence? Document the particular contributions = of the=20 job to the organization's overall mission. =
=20 What are the = job duties=20 necessary for job performance? Usually less than ten job = duties=20 are essential activities necessary to the=20 job.

2. Job=20 Setting

A.=20 Work-site

=20 What is the = physical=20 layout of the work-site?
=20 What = equipment is used=20 in the work setting?
Where=20 are the essential functions performed?
=20 What = conditions are=20 required for task completion? Conditions include = environmental=20 (hot/cold, inside/outside, noise level, lighting, = ventilation,=20 etc.) and social (works with the public, works under = deadlines,=20 works alone, etc.).
=20 Is the job = accessible=20 (parking, entrances and exits, doors)?
=20 Does the job = necessitate completing tasks in multiple, alternate, or = off-site=20 locations?

B.=20 Workstation

=20 How is the = workstation=20 arranged?
=20 How do = workers obtain=20 and discard equipment and materials?
=20 How is the = work=20 organized?

C.=20 Activities

=20 What is the = required=20 output level for the job?
What=20 are the expected results?
=20 What is the=20 relationship between each task? If there is a task = sequence or a=20 task hierarchy, document this order.
=20 What are the = necessary=20 physical and mental requirements needed to accomplish = the job?=20
=20 Is specific = training=20 necessary? Document what required experience, = certificates, and=20 education are necessary.
=20 What are the = safety=20 and quality control measures in place? Document = potential=20 workplace hazards and the measures taken to eliminate = them.=20
=20 What happens = if a task=20 is not performed appropriately?
=20 What level = of=20 responsibility is necessary?
=20 What happens = if the=20 end result is not achieved?
=20 Are there = specified=20 time frames for completing a=20 task?

Step 2: = Recording the=20 Basics

Employers = should develop=20 job descriptions that clearly define the essential functions = of every=20 job before advertising the job or interviewing applicants. A = job=20 description should have clear, concise, non-technical = language, and=20 avoid unnecessary words. The job description should focus on = words=20 that have a single meaning with detailed explanations for = words that=20 may be interpreted differently. Each sentence should begin = with an=20 active verb and use the present tense. Examples of job = functions=20 should be provided. The desired outcome of the work should be=20 described, rather than one method for accomplishing that = outcome. For=20 example, instead of "writes down notes during meetings" put = "records=20 notes during weekly meetings." Writers should avoid using=20 gender-specific language, jargon, technical language, = proprietary=20 names (Xerox), and ambiguity. Job functions should be = qualified=20 whenever possible and the desired outcome of the work should = be=20 described, rather than the method for accomplishing that = outcome. For=20 example, instead of saying, "she files folders" write that = "the clerk=20 files folders alphabetically based on category." Employers = should let=20 individuals read their job descriptions, voice any concerns, = and sign=20 their descriptions. Job descriptions should be accurate. To = ensure=20 accuracy, combine the input of many managers and employees. = Within the=20 actual job description, an employer should include:

=20 Job title (job = code number=20 if applicable);

=20 Department or = section of=20 the job;

=20 Relationships to = other=20 jobs and the purpose of contact with outside agencies and=20 personnel;

A brief=20 summary of job functions;

=20 Duties and=20 responsibilities, estimated time spent on each (when using=20 percentages, these should be allocated to equal 100%), = frequency of=20 activity, i.e., whether these are performed daily, weekly, = or=20 periodically;

=20 The quality and = quantity=20 of work expected from an individual holding the = position;

=20 The = repercussions of not=20 performing each job function;

=20 Essential and = marginal=20 duties;

=20 Special working = conditions=20 such as shift, overtime, or as-needed work;

=20 Information on = the=20 accountability for results; and

=20 A statement that = when=20 duties and responsibilities change and develop the job = description=20 will be reviewed and subject to changes of business = necessity.=20

Note that the = term=20 "essential function" should be used in the job description. = The job=20 description should explicitly state the manner that an = individual is=20 to perform the job. For example, a description of a position = that=20 requires contact with the public should include not only that = the job=20 requires the handling of public inquiries, but also that the = inquiries=20 must be handled in a prompt and friendly manner. Employers = should also=20 describe regular attendance and timeliness as essential = functions of=20 any jobs that require regular and punctual employee presence. = Job=20 descriptions should be updated periodically to reflect the = essential=20 functions of altered positions or any other pertinent change = (e.g.=20 fewer employees to perform the duties, mechanization, = job-sharing,=20 etc.). All levels of management, from line supervisors to top=20 management, and human resources should review job = descriptions.=20

Step 3: = Detailing=20 Qualifications

When detailing=20 qualifications on job descriptions, employers typically = require=20 certain knowledge, skills, aptitude, training, and previous=20 experience. Employers should remember that these = qualifications might=20 be gained in a number of ways. For example, knowledge may be = gained=20 through education, training, or experience. In addition, other = requirements, such as the possession of a driver's license = could be=20 considered discriminatory. For example, it may be necessary to = specify=20 that an individual must be "available to attend evening = meetings=20 throughout the community" and "possess a driver's license" but = an=20 employer should distinguish between need and convenience and = consider=20 any discriminatory effects. An employee with a disability may = be able=20 to attend a meeting via teleconference or access public = transportation=20 to attend the meeting on site.

Step 4: = Maintaining=20 Consistency

Internal = consistency is=20 very important when developing an overall bank of = organizational job=20 descriptions. The employer may want to select specific = formats, fonts,=20 logos, and other elements to streamline and standardize the = appearance=20 of the documents. Consistent language such as preferred action = words=20 and frequently used terms can help create cohesiveness = throughout.=20 Internal consistency may also help "ensure equitable = comparisons of=20 content across jobs" in justifying employee salary decisions=20 (Milkovich and Newman, 1990).

A bank of job=20 descriptions can be instrumental in supporting the development = of=20 other organizational documents and standards as well. = Descriptions may=20 offer a framework for developing performance evaluations. In = addition,=20 the information gleaned may provide a common thread for = developing=20 employee resumes, policy manuals, annual reports and = organizational=20 media.

USING O*NET

The Department = of Labor=20 (DOL) developed Career Onestop (http://www.careeronestop.org/)= ,=20 an "online career development resource." Career Onestop = features=20 multiple tools such as O*Net and America's Career InfoNet, = which may=20 be helpful in formulating job descriptions.

O*NET, the = Occupational=20 Information Network, is a unique, powerful database that = contains=20 occupational information and labor market research. = Essentially, O*Net=20 is a publicly available search system that uses common = language to=20 describe job functions. The goal of O*NET is to link = information on=20 skills, abilities, knowledges, work activities, and interests = to=20 associated occupations. These pieces of information, which are = provided for over 950 occupations, can be used to facilitate = career=20 exploration, vocational counseling, and a variety of human = resources=20 functions. Business managers, human resources professionals, = and trade=20 associations are able to use O*NET to develop precise job = descriptions=20 quickly. O*NET's occupational listing (http://online.onetcenter.org/= find/)=20 provides a complete list of O*NET-SOC occupations with their = codes and=20 titles.

The database = used in=20 O*NET is based largely on data supplied by occupational = analysts using=20 sources such as the Dictionary of Occupational Titles (DOT). = To=20 develop data for this database, analysts evaluated and refined = existing occupational data, then applied these data to O*NET. = In=20 addition, the O*NET coding structure has been aligned to the = newly=20 revised Standard Occupational Classification (SOC), which all=20 government agencies are moving toward. O*NET OnLine is = available at:=20 http://online.onetcenter.org/.=

America's = Career InfoNet=20 (http://www.acinet.org/acinet)=20 is another feature of Career One Stop. This helps users find=20 information on "wage and employment trends, occupational = requirements=20 [and] state-by-state labor market conditions." The Web site = also=20 offers a customization tool called the Job Description Writer. = With=20 the Job Description Writer, the user builds a description by = typing=20 job specific information into input boxes. There is an = opportunity to=20 review national and regional occupational wage data extracted = from the=20 website's other resources. To further customize the document, = the user=20 clicks on check boxes and lists of optional summaries, tasks,=20 knowledge descriptions, etc., which have been extracted from = the O-NET=20 database. The final output screen indicates that the user may = now copy=20 and paste the information. The person can then use their = computer's=20 word processing program to add, format, and put finishing = touches on=20 the job description. Job Description Writer is available at: = http://www.acin= et.org/acinet/jobwrite_search.htm.

JOB DESCRIPTIONS AND THE ACCOMMODATION = PROCESS

Sometimes it = can be=20 overwhelming when trying to get a sense of the overall = accommodation=20 picture. A job description can be a constructive tool for = exploring=20 task-specific accommodation options. Often, it is beneficial = to=20 consider the specific tasks that comprise the job. This can = help=20 pinpoint what limitations are affecting an individual's job=20 performance and what functions can be accommodated. = Understanding an=20 individual's functional limitations provides helpful clues = when=20 searching for accommodation solutions.

The following = situations=20 and accommodation solutions are based on sample job = descriptions=20 provided below:

Situations and = Accommodation=20 Solutions

Situation 1: = An=20 applicant is interviewing for a Computer Programmer = position.=20 Although not required to disclose, the applicant decides to = tell the=20 employer she has diabetes due to questions about a particular = job=20 requirement for which she may need an=20 accommodation.

Job Task: = "Responsibilities=20 occasionally may require an adjusted work schedule, overtime, = and=20 evening/weekend hours in order to meet deadlines or to access = the=20 computer to perform program tests."

Limitation: = Person needs to=20 eat at specific time each day. May need to test blood sugar = and take=20 insulin while at work. Prospective employee is happy to work = adjusted=20 hours provided that she can take the steps necessary to = regulate her=20 diabetes.

Accommodation = Solution:=20 Employer accommodates the employee by allowing her to adjust = her lunch=20 hour to 11-12 a.m. rather than the typical 12-1 p.m. lunch = break and=20 permits flexible break times. The employee was allowed to = bring a=20 small refrigerator to store food and medication in her office. = When=20 working evening hours, the employee could set her own dinner = breaks=20 accordingly.

Situation 2:=20 The new Food Service Manager is a person who has = multiple=20 sclerosis. She uses a cane for mobility assistance. =

Job Task: "2% of = time:=20 Assists in production area during absence of primary kitchen = staff."=20

Limitation: = Employee has=20 difficulty standing for long periods of time.

Accommodation = Solution: The=20 employer and employee agree to use a sit/stand work stool and = an=20 anti-fatigue mat to accommodate rare occasions when she will = need to=20 assist in the kitchen.

Situation 3: A=20 Sheet Metal Worker has a speech impairment. He stutters = and=20 when nervous, the condition becomes much more prevalent. =

Job Task: "Makes=20 recommendations to supervisor about the need for different = materials,=20 equipment, and parts."

Limitation: = Employee has=20 difficulty with verbal communication.

Accommodation = Solution: As=20 needed, the employee makes recommendations in writing. When = discussion=20 or clarification is necessary, employer and employee meet = one-to-one=20 in a quiet environment to eliminate noise, distraction and = alleviate=20 the employee's stress about speaking in group=20 situations.

SAMPLE JOB DESCRIPTIONS

Computer = Programmer

Food Service=20 Manager

Sheetmetal=20 Worker

RESOURCES
(This is a non-inclusive=20 list)

EEOC (1996). = Enforcement=20 Guidance: Workers' Compensation and the ADA, http://www.eeoc.go= v/policy/docs/workcomp.html.

EEOC (1995). = Enforcement=20 Guidance: Preemployment Disability-Related Questions and = Medical=20 Examinations, http://www.eeoc.gov/= policy/docs/preemp.html.

EEOC (1992). A = Technical=20 Assistance Manual on the Employment Provision (Title I) of the = Americans with Disabilities Act, http://www.jan.wvu.edu= /links/ADAtam1.html.

Milkovich, = George T. and=20 Newman, Jerry M. (1998). Compensation, Seventh Edition, = Richard=20 D. Irwin, Inc. Homewood, Illinois.

RESOURCES

Job = Accommodation=20 Network
A service of Office of Disability Employment = Policy of=20 the U.S. Department of Labor
West Virginia University =
PO Box=20 6080
Morgantown, WV 26506-6080
800-526-7234 (V) &=20 877-781-9403 (TTY)
http://www.jan.wvu.edu/ =

Office of = Disability=20 Employment Policy
200 Constitution Avenue, NW, Room = S-1303=20
Washington, DC 20210
202-693-7880 (Voice) =
202-693-7881=20 (TTY)
202-693-7888 (FAX)
http://www.dol.gov/odep/
=
America's = Career=20 InfoNet
http://www.acinet.org/acinet/<= /FONT>

Career = Onestop=20
http://www.careeronestop.org/<= /FONT>

Job = Description=20 Writer
http://www.acin= et.org/acinet/jobwrite_search.htm