The open question is whether the ability to lift 40 lb. is an "essential job
function," that is, whether it is "fundamental or necessary to the
position."
In the case of a firefighter, it would obviously not be reasonable to ask
someone else to climb a ladder for you, but in the case of an archivist, it
MIGHT be reasonable to ask someone else to do the heavy lifting as a
reasonable accommodation to a physical disability.
Employers don't really like to accommodate employee disabilities, which is
why it was necessary to enact a law to compel them to do so under limited
circumstances. But it would behoove an enlightened employer to craft their
job descriptions so as not to discourage qualified candidates with
disabilities from applying.
It might be more convenient for the employer to have someone on the job with
the ability to heft 40-lb. boxes without assistance, but is that ability
really essential, fundamental, or necessary to the job of an archivist?
Weight-training is not required in library school.
ph/NYC
Oprindelig meddelelse sendt 1/26/06 3:46 PM fra "Kevin. Mac Donnell"
<info@MACDONNELLRAREBOOKS.COM>:
> Physical requirements must be justified by the job description. For example,
> fire-fighters you must be able to do certain tasks (drag a dummy of a
> certain weight, lift and place a large ladder, etc.). Somebody applying for
> an office position in a fire department would not have those tasks as part
> of their job description and not be required to be able to do those things.
>
> If an archivist's job description includes moving archival containers of a
> certain weight, then they could be required to be able to lift a certain
> weight. Other job descriptions in the same library might not include that
> task, and therefore not include that requirement. But the employer should be
> extremely careful to match their employee requirements to the specifics in
> their written job description.
>
> But the dust requirement could be a problem. "Must breath dust" is not a
> legal part of anybody's job description (hence, the requirement that you
> must be able to breath dust), and face masks and filters are relatively
> cheap protection that nearly anybody can wear. In that regard you might be
> interested to know that fire-fighters are required to be able to wear such
> protective gear, which means that some styles of beards would render an
> applicant unfit to be a firefighter since that would compromise such face
> masks.
>
> Kevin
> @
> Mac Donnell Rare Books
> 9307 Glenlake Drive
> Austin TX 78730
> 512-345-4139
> info@macdonnellrarebooks.com
> Member: ABAA, ILAB
> **************************
> You may browse our books at
> www.macdonnellrarebooks.com
> ----- Original Message -----
> From: "S. COX" <scox75@VERIZON.NET>
> To: <EXLIBRIS@MAIL.ECW.NAME>
> Sent: Thursday, January 26, 2006 2:01 PM
> Subject: Re: [EXLIBRIS] Position Announcement - Cornell - 40 lbs of dust
>
>
>> Is the lifting requirement for all professional librarians at Cornell, in
>> this instance, or just for the Special Collections professionals? And if
>> so, why should some professionals have to be physically strong, while
> their
>> equals in other departments are not expected to lift anything?
>>
>>
>> ----Shelley Cox
>>
>>
>> ----- Original Message -----
>> From: "Kevin. Mac Donnell" <info@MACDONNELLRAREBOOKS.COM>
>> To: <EXLIBRIS@MAIL.ECW.NAME>
>> Sent: Thursday, January 26, 2006 1:39 PM
>> Subject: Re: [EXLIBRIS] Position Announcement - Cornell - 40 lbs of dust
>>
>>
>>> The lifting requirement is legitimate and common for many jobs, but that
>>> "dust" requirement might possibly run afoul of ADA II, and OSHA
>>> regulations,
>>> things I deal with regularly in my other life as a fire commissioner.
>>> Generally speaking an employer must provide a safe work environment or
>>> else
>>> provide protective measures and equipment when the work must take place
> in
>>> an unsafe environment. You might ask a lawyer to help reword that
>>> requirement so it doesn't sound like a demand that employees be able to
>>> work
>>> in a dusty environment without safety precautions.
>>>
>>> Kevin
>>> @
>>> Mac Donnell Rare Books
>>> 9307 Glenlake Drive
>>> Austin TX 78730
>>> 512-345-4139
>>> info@macdonnellrarebooks.com
>>> Member: ABAA, ILAB
>>> **************************
>>> You may browse our books at
>>> www.macdonnellrarebooks.com
>>> ----- Original Message -----
>>> From: "Karen Morse" <kewalton@BUFFALO.EDU>
>>> To: <EXLIBRIS@MAIL.ECW.NAME>
>>> Sent: Thursday, January 26, 2006 11:31 AM
>>> Subject: Re: [EXLIBRIS] Position Announcement - Cornell - 40 lbs of dust
>>>
>>>
>>>> re. 40 lbs:
>>>> This requirement is fairly standard for archival jobs because
> archivists
>>>> tend to spend a lot of time lugging around full record cartons.
>>>> My guess is that the Assistant Curator will also be working with
>>> manuscript
>>>> material.
>>>> Cheers,
>>>> Karen
>>>> __________________________________________________________
>>>> Karen Walton Morse ~ Processing Archivist
>>>> Special Collections ~ SUNY at Buffalo
>>>>
>>>>
>>>
>>
>>