With the passage of the American\'s With Disabilities Act (Links to an external

Question

With the passage of the American's With Disabilities Act (Links to an external site.)Links to an external site. (ADA, 1990), job analysis has taken on an increasing importance. A job analysis can be used to define the essential elements of the job, including the physical demands that the work requires.

The ADA specifically states:
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

Can the job analysis be used in defense of actions by the employer sued under ADA? and Why

Explanation / Answer

ADA prohibits an employer to discriminate against an “employee with disability” because of his disability given he must be qualified. A job analysis is the written job description of all the task and duties to be performed under a job. If the employer has cleared defined the job before hiring the disable person and the employee was not able to perform the essential duties of her job even after receiving proper accommodations then the court would dismiss the employee’s disability discrimination claim against the employer. So job analysis can be used in defense of actions by the employer sued under ADA

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