Usually, courts rely on the job descriptions employers provide when deciding whether an ADA accommodation adequately helped a disabled employee perform the essential functions of a job. However, if an employee can show that the job description doesn’t accurately or completely describe the work she actually performs, the court may decide to take the employee’s word for what the job really involves.
That’s yet another reason you should regularly update job descriptions and get the employee’s sign off that the description really does reflect the job. Annual review time is a great opportunity to have that conversation.
Recent case: Beatrice, a nurse for Vicksburg Healthcare, tore her rotator cuff and had shoulder surgery to repair the injury. She took 12 weeks ofto have the operation and recover afterward.
Shortly before her (register to read more)leave was to expire, she requested another two weeks of leave because she had not yet be...