Do Job Descriptions Need to be ADA-Compliant?

The Americans with Disabilities Act (ADA), enacted in 1990 and expanded in 2009, serves to protect the rights of individuals living and working with disabilities. The ADA mandates that employers provide reasonable accommodations for employees with disabilities and safeguard them from discrimination based on impairments, whether they are visible or not.

The ADA defines a person with a disability as having “physical or mental impairments” that prevent them from performing one or more activities considered essential to living. Additionally, the law protects individuals with a history of disabilities, such as those in remission from cancer or those with physical conditions that may not hinder task performance but could lead to discrimination due to appearance—such as severe burn scars or the use of mobility aids.

The ADA also extends protection to anyone closely associated with a person with a disability. For example, an employee who is a caregiver to a person with a disability is also protected from discrimination.

To answer the question of whether job descriptions need to be ADA-compliant: yes, they do. In this discussion, we will explore the key considerations and benefits of ADA-compliant job descriptions, which go far beyond legal obligations.

How ADA-Compliant Job Descriptions Support Employers

Accurate job descriptions benefit every stakeholder in the company. They help employees understand what it takes to succeed in their role, support HR in making informed hiring and compensation decisions and assessing performance, and protect the company from legal risks related to non-compliance.

Some of the benefits of maintaining accurate, ADA-compliant JDs include:

• Ensures all employees, disabled or otherwise, have equal consideration.
• Equity and inclusiveness boost morale and remove fear of discrimination.
• Accurate JDs help employees stay productive and do their best work.
• Hazardous conditions and physical requirements are clearly articulated, reducing risk and worker’s compensation claims.

Best Practices for Creating ADA-Compliant Job Descriptions

When creating job descriptions, ADA compliance should be a priority from the start, but regardless of when they were written, they should be regularly reviewed to ensure they promote inclusion and equity.

Describe the Essential Functions of the Job – Not the Person Doing the Job

One of the most important aspects of a job description is accurately detailing the role’s essential duties. Through an ADA lens, it’s best to describe the role based on outcomes instead of describing the person doing the job.

For example, if the job involves moving products from one location to another, rather than describing the person as 'carrying' the goods, you could state 'responsible for the safe delivery of goods.' This phrasing allows for alternative methods of accomplishing the task. While an individual with a disability may be unable to carry heavy loads, they could be accommodated with machinery or equipment to facilitate the end goal. Rephrasing the task does not change the outcome, but it may allow differently-abled people to see themselves succeeding in the job.

When the description uses the term “carry,” it could be construed to mean that only non-disabled people would be capable of doing the job. Semantics? Maybe. However, if legal action were instigated based on ADA discrimination, it could become an issue.

Debiasing the language in your job descriptions is a best practice not just for ADA compliance. JDXpert’s debiasing tool makes it easy to evaluate job description language, identifying potentially non-compliant phrases and suggesting alternatives. Debiasing JDs helps support ADA compliance and fosters a more inclusive workplace throughout the employee lifecycle.

Include all Mandatory Qualifications

When outlining the essential functions of the job, it’s equally important to list any mandatory qualifications, such as required degrees, certifications, and skills necessary to the position. This ensures that all candidates, including those with disabilities, are aware of what’s required to succeed in the role. The ADA protects qualified individuals, meaning that while an applicant with a disability can’t be discriminated against, they still must meet the minimum qualifications for the job.

Even if a job requires specific physical tasks, such as lifting heavy objects, it may still be possible for a disabled person to perform the job with accommodation. In those cases, you should clearly articulate that accommodation options are available. A simple phrase like “with accommodation if requested” or noting that alternate duties may be assigned can help clarify that reasonable accommodations will be considered.

By outlining both qualifications and accommodation options, you not only ensure ADA compliance but also promote a more inclusive hiring process.

The Bottom Line with ADA Job Descriptions

While job descriptions are not explicitly required by the ADA, they are effectively necessary because employers must accurately describe the essential functions of a job to ensure ADA compliance. A well-structured job description is the most effective tool for fulfilling this requirement, as it provides a clear framework for determining reasonable accommodations and avoiding potential discrimination claims.

Unfortunately, job description management has historically been seen as tedious and time-consuming, causing HR teams to treat it as a prerequisite for another project rather than an ongoing responsibility. However, this approach can be risky.

Today, job description management software like JDXpert reduces that burden. It helps companies maintain ADA-compliant job descriptions that also support a wide range of HR processes dependent on accurate, well-defined job data. By simplifying job description management, JDXpert ensures that your organization’s job descriptions are up-to-date, inclusive, and compliant—ultimately contributing to a more efficient, equitable, and legally secure workplace.