Issue link: https://read.dmtmag.com/i/498244
30 • MAY 2015 • WORLD FENCE NEWS Every employee in every compa- ny needs to have a clear understanding of the precise terms of their employ- ment – to whom they report, who, if anyone, reports to them, what is ex- pected of them and what they can ex- pect from the company in return. They need to know job require- ments, both mental and physical, as well as any other relevant require- ments necessary for working at your fence company. And not just any run of the mill job description will do – no, not at all. Taking time to compile a comprehen- sive job description that also includes the required Americans with Dis- abilities Act (ADA) restrictions and requirements for physical and mental responsibilities is a must, and well worth the time spent completing one. It is also the law if you have more than 25 employees. Having a well written ADA com- pliant job description for everyone in the company not only helps immense- ly in providing transparency and clarifying everyone's duties and re- sponsibilities as well as reporting re- lationships and general work require- ments, but also serves as guardian for both the employee and employer to protect against unreasonable working conditions as well as frivolous law- suits by disgruntled employees. The operative word here is provid- ing "clarity" to all concerned. Vague or ambiguous employment relation- ships are bad for both the employee and the employer. I have consulted for a few differ- ent companies that have, regrettably, been involved in frivolous lawsuits for unjust termination of employment initiated by disgruntled employees for any number of reasons relating to working conditions. Unless terms of employment are specifically spelled out in an ADA compliant job description, the em- ployer is leaving himself/herself open to the possibility of real trouble and costly, time consuming litigation. Moreover, the Equal Employment Opportunity Commission established by Section 2000e-4 sets ground rules under which employment must be of- fered. Last year I spoke at FENCE- TECH 2014 about the importance of maintaining good relationships with your subcontractors and the establish- ment of a subcontractor work agree- ment policy. (Contact me if you would like help with this matter.) I also noted that the distinction between a subcontractor and an em- ployee would fall under greater scru- tiny by the government because of "Obamacare" and the ever finer line between health care mandates for real employees. This is yet another reason to have clearly defined ADA compliant job descriptions for every employee, as well as a good, comprehensive sub- contractor work agreement policy. Now down to the nitty gritty of job descriptions. The Americans with Disabilities Act of 1990 [ADA] was signed into law on July 26, 1990 by President George H. W. Bush, and later amend- ed with changes effective January 1, 2009. The ADA was originally enact- ed in public law format and later re- arranged and published in the United States Code. According to federal mandate, "the term 'employer' means a person engaged in an industry affecting com- merce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this subchapter, an employer means a person engaged in an industry af- fecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person." Any such company is required to offer employment under guidelines of the ADA, designed to protect all Americans from undue hardship and discrimination, including physical and mental requirements of employment. Therefore, if your company has 15 or more employees you must have ADA compliant job descriptions for every employee. After 2011, the number of em- The importance of developing an ADA compliant job description BY TOM LUBY, PRESIDENT, PROFIT BUILDERS INTERNATIONAL