Written Job Descriptions Before and After Hiring

An employer must prepare written job descriptions before the job is advertised or applicants are interviewed in order to be assured that the description will be considered as evidence in the determination of essential job functions. After-the-fact job descriptions, however, still should be relevant to the analysis of what constitutes the essential functions of the job. The ADA simply does not require that these after-the-fact descriptions be considered as evidence as is the case with pre-advertising and interview descriptions. An after-the-fact job description may memorialize the employer's considered judgment as to what functions of the job are essential and should be probative to the extent that the description accurately reflects the actual requirements and duties of the particular job.