Employers need to draft job descriptions for each class of employees in their workplace. The importance of good job descriptions was recently reinforced in an Americans with Disabilities Act (“ADA”) decision from Morgan County, Alabama. Bagwell v. Morgan County Commission, No. 15-15274, 2017 WL 192694 (11th Cir. Jan. 18, 2017).
Under the ADA, only a “qualified” individual with a disability can sue for discrimination. A “qualified” individual is one who can perform the “essential functions” of their job, with or without reasonable accommodation. Thus, employers sued for disability discrimination frequently argue that an employee cannot perform the essential functions of their job.
In the Eleventh Circuit (which includes Alabama), federal courts “give substantial weight to an employer’s judgment as to which functions are essential.” Bagwell, 2017 WL 192694 at * 2. In Bagwell, the Eleventh Circuit Court of Appeals affirmed the trial court, which found that every activity listed in a job description was an essential function of the plaintiff’s job. The plaintiff was employed as a groundskeeper, and her job description required the ability to traverse uneven and wet surfaces, standing and walking. But, the plaintiff could not perform those essential functions safely and consistently because of her condition. As a result, the Eleventh Circuit found that the plaintiff was not “qualified” and affirmed dismissal of her ADA claim.
While it is possible for an employer to argue about “essential functions” even where no job description exists, Bagwell demonstrates that a written job description can be an effective aide in defending ADA claims.