Q & A – How can a job description provide legal protection?

Q: How can a job description provide legal protection?

A: Job descriptions can provide protection by properly identifying the position as exempt or non-exempt, and provide a strong argument for an exemption under the Fair Labor Standards Act if one exists.  They can help determine what the essential functions are and list physical requirements in order to perform the essential functions for the purpose of determining either reasonable accommodation or undue hardship under the American with Disabilities Act.​