In yesterday’s Advisor, we presented the first 6 “Rules of Construction” for ADAAA compliance. Today, the rest of the rules, steps to take, and an introduction to BLR’s CD-based collection of job descriptions, SmartJobs.
[Go here for Rules of Construction 1 to 6.]
Rule 7. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
Rule 8. An impairment that substantially limits one major life activity need not substantially limit other major life activities in order to be considered a substantially limiting impairment.
Rule 9. The six-month “transitory” part of the “transitory and minor” exception to “regarded as” coverage does not apply to the definition of “actual disability” or “record of disability.” The effects of an impairment lasting or expected to last fewer than six months can be substantially limiting.
(Under the “regarded as” prong of the ADA, the only type of impairment that can’t form the basis for a “regarded as” claim is one that is both transitory and minor. Rule 9 clarifies that this does not apply to “actual disability” or “record of disability” cases.
Your job descriptions are already written and keyed onto CD format. Thousands of HR managers have depended on the print version of this product—now they’re flocking to get SmartJobs on CD! Try it at no cost or risk. Go here for info.
Steps Employers Should Take
- Train supervisors and managers about complying with the amended ADA, in particular about:
- The interactive process
- Requests for accommodation
- Types of reasonable accommodation
- No retaliation
- Check recordkeeping processes to ensure adequate documentation of:
- accommodation requests
- steps in the interactive process
- reasons for granting/denying an accommodation request.
- Check equal employment/nondiscrimination policies to make sure they comply with the amended ADA and regulatory requirements.
- Review job descriptions to ensure regulatory compliance—detailing the essential functions in a job description will help ensure that applicants and employees with disabilities are not discriminated against because they cannot perform marginal job duties.
Review job descriptions … hmmmm … what’s the state of yours? Concerned they might not be ready to go? … Actually, with BLR’s new program, they are.
BLR has now released its collection of 500 job descriptions, formerly only available in the classic, but shelf-filling, Job Descriptions Encyclopedia, in a program called SmartJobs on CD. That’s cause for celebration—your job descriptions are a click away from being done.
And we’re talking about virtually all of them, covering every common position in any organization, from receptionist right up to president. They are all there in BLR’s SmartJobs.
Throw your keyboard away—More than 500 prewritten, legally reviewed job descriptions ready at the click of your mouse. Use as is—or easily modify, save, and print. Pay grades are already attached. Try BLR’s remarkable SmartJobs program at no cost. Click here to learn more.
These are descriptions you can depend on. Our collection has been constantly refined and updated over time, with descriptions revised or added each time the law, technology, or the way business is done changes.
Revised for the ADA, Pay Grades Added
BLR editors have taken apart every one of the 500 descriptions and reassembled them to be ADA-compliant. And now they’ve added pay grades for each job, based on BLR’s annual surveys of exempt and nonexempt compensation, as well as other data.
According to our customers, this is an enormous timesaver, enabling them to make compensation decisions even as they define the position.
SmartJobs also includes an extensive tutorial on setting up a complete job descriptions program, as well as how to encourage participation from all parts of the organization. That includes top management, employees, and any union or other collective-bargaining entity.
Twice-Yearly Updates, No Additional Cost
Very important these days are the updates included in the program as a standard feature—essential at a time of constantly changing laws and yes, emerging technologies. And the cost of the program is extremely reasonable, averaging less than 66 cents per job description … already written, legally reviewed, and ready to adapt or use as-is.
You can evaluate BLR’s SmartJobs at no cost in your office for up to 30 days. Just click here and we’ll be delighted to send it to you.
Excellent article..A lot of useful information here. i’m sending it to all my friends!