Did you know you need to update your job descriptions because of the Americans with Disabilities Act?
This is a friendly reminder. Just because your job description might say what an employee is supposed to do, it doesn’t mean that’s what your employee actually does. And, in an Americans with Disabilities Act case, here’s why that matters.
In Shell v. Smith, the plaintiff worked for a transit system for 12 years as a Mechanic’s Helper. The job description for the position stated that the Mechanic’s Helper may occasionally drive buses.
However, Shell had hearing and vision impairments, which precluded him from obtaining a commercial driver’s license (CDL). In his 12 years there, he never had to get a CDL or drive a bus. Well, that was until the defendant appointed a new General Manager, who informed Shell that he either had to get a CDL, per the job description, or he would lose his job.