Are Your Job Descriptions Setting You Up for ADA Compliance Failures?

Lori's Gifts automatically rejected candidates with disabilities who said they could not walk or stand for up to five hours or lift up to 30 pounds, EEOC claimed.

What Happened

Hospital gift shop chain Lori's Gifts agreed to pay $600,000 to settle EEOC claims that it discriminated against disabled job candidates. The company used pre-employment screening that automatically rejected applicants who couldn't stand for five hours or lift 30 pounds, even though these weren't essential job functions. The EEOC found that many responsibilities could be performed sitting and that heavy boxes could be unpacked piece by piece.

Why This Matters for B2B Marketing Leaders

If you use standardized job description templates across different roles, you likely have similar boilerplate physical requirements that could expose you to discrimination lawsuits. The EEOC specifically noted that job descriptions aren't dispositive evidence of essential functions; courts examine the actual reality of job performance. With remote and hybrid work reshaping role requirements, outdated physical specifications become even more problematic. Companies posting identical requirements across vastly different positions signal potential compliance gaps to regulators.

The Starr Conspiracy's Take

This settlement highlights a blind spot in talent acquisition operations. Most B2B companies copy-paste job description templates without considering whether physical requirements actually match role demands. Your marketing, sales, and client success positions probably don't require lifting 30 pounds, yet many job postings include such language. This creates unnecessary legal exposure while potentially deterring qualified disabled candidates from applying. Smart companies are conducting ADA compliance audits of their hiring processes to identify and eliminate unnecessary barriers. The investment in proper job analysis protects against legal risk and expands talent pools.

What to Watch Next

Expect increased EEOC enforcement targeting companies with standardized physical requirements across diverse roles. The agency appears to be building a pattern of cases to establish precedent around essential function determinations. Monitor upcoming court decisions that further define when job description language creates discrimination claims.

Related Questions

How can companies determine essential job functions?

Evaluate actual work performed by current employees, required expertise levels, and business necessity. Document the analysis process and regularly review functions as roles evolve with technology and remote work options.

What physical requirements are typically unnecessary in office roles?

Standing for extended periods, lifting heavy objects, and walking long distances rarely qualify as essential functions for knowledge work. Focus requirements on cognitive abilities and specific technical skills instead.

Should companies remove all physical requirements from job descriptions?

No, but ensure requirements directly relate to core job functions. If lifting is truly essential, specify actual weights and frequency. Use inclusive job description frameworks to balance accuracy with accessibility.