News & Insights

Because good drivers are hard to find, every driver is worth the effort of performance management when problems arise. Employers should be sure to start at the beginning. Clear and up to date job descriptions, including essential functions and requirements, are critical to set defensible expectations. A job description which specifically notes bending and lifting requirements is your best support in defensible hiring decisions for those expected to lift, assist, or secure students on your buses.  

When employee performance issues arise, well written and consistently applied job duties set employee standards and expectations that should be consistently applied. Performance and behavior issues that arise can then be objectively documented and benchmarked against job descriptions and employee handbooks. Failure to document performance or conduct issues and resulting disciplinary measures could make it more difficult for the employer to defend against claims brought by employees, such as retaliation, wrongful termination, or other employment practices claims. In addition, employers should also consider implementing additional tools, such as performance improvement plans (PIPs) which help set benchmarks for employees to improve upon, as well as last chance agreements for situations involving severe and/or repeated poor performance or behavior.  

Many employers have, or at some point in time will, employ individuals with disabilities. The Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA) apply to most Pennsylvania employers, and require employers to determine if a reasonable accommodation can be made when the employer knows of a disability that affects an individual’s ability to perform the essential functions of their job that should be described in the job description. This process is known as the interactive process. Commonly, employers and employees engage in the interactive process and find an accommodation that works. However, sometimes the employer and the employee disagree on the accommodation offered, or an accommodation cannot be made without imposing an undue hardship on the employer. A clear job description is a critical defensive document supporting the hardship of particular accommodation requests. Employers should document the interactive process carefully. Keeping detailed records of this process can help protect employers in the event that a disability-related claim is brought against the employer for violating the applicable provisions of the ADA or PHRA.  

As may be implied from above, there is no substitute for good documentation, and it all can start with the job description. There is no question that most employers try to do the right thing. Unfortunately, without accurate and objective documentation that supports employer decisions, employers may find it hard to defend those decisions if challenged by an employee or former employee.  

If you need assistance in creating job descriptions, or if you have any questions on the topics discussed in this article, you can contact us at 215-896-3846 or help@rckelly.com.