Question: We have a shop technician who sometimes works on welding projects when we have low staffing. Welding is not included in their written job description even though they do it on a routine basis. Do we have to update their job description to reflect the welding duties?
Answer: You should. In a recent case, a container technician was assigned to occasionally work on welding projects, but his job description did not include any mention of welding. When he became unable to perform welding duties due to receiving a pacemaker, his employer terminated him. Under the Americans with Disabilities Act (ADA), an employer is required to make a reasonable accommodation that would allow an employee to perform an “essential function” of their position. The employee argued that, since welding was not included in his job description, it was not an essential function of his container position, and he should have been able to remain in that role. Now a jury will decide whether the welding work was an “essential function” despite it not being specifically included in his job description (Trevino v. Waste Management of Louisiana, LLC, WD Louisiana, Jan. 2026).
If you haven’t formally documented whether a task is an “essential function,” then it may be difficult to later argue that the employee can’t perform their job if they can’t perform that task. Once job descriptions are created, you should establish an ongoing schedule to review (e.g. annually or sooner if the job duties significantly change) and then update as needed. In addition to ADA compliance, accurate job descriptions are often critical in wage and hour issues (e.g. exempt vs. non-exempt classifications), fitness for duty requests, hiring, and general performance management.
Vigilant members have access to a complete job description database on the member website, which provides standard templates as a starting point for you to customize. If you want more information about your obligations under the ADA, start with our Legal Guide, At a Glance: Americans with Disabilities Act (ADA).
Not a member? Reach out today to learn more about Vigilant membership for help with job descriptions or the ADA.
