Forums
make no mistake...
Legal Forum
make no mistake...
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Working in a preschool classroom is challenging physically, mentally, and emotionally. One of the requirements for positions at our organization that have working in a preschool classroom as the prima
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId37146
Forums » Topic Forums » Legal Forum » make no mistake...
|
make no mistake...
posted at 9/9/2011 6:06 AM EDT
|
Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
Working in a preschool classroom is challenging physically, mentally, and emotionally. One of the requirements for positions at our organization that have working in a preschool classroom as the primary or secondary function is to be able to lift children weighing up to 50 lbs. The "essential" aspect is that those staff be able to remove a child from harm's way, assist with evacuating a center, and/or restraining a child to prevent them harming themselves or others.
So, this is included on the pre-employment physical (a health exam IS listed on the offer letter as part of the pre-employment screening). The same physical form is used by those staff for their periodic (every 2 years) health exams. I am very nervous about both situations, but mostly what happens when current staff return a health exam form with lifting retrictions. I am also nervous about the growing number of employees who are becoming less fit in general from being (and becoming more) overweight. I'm pretty active and in pretty good shape, but at 56, I am also aware of things not being as "easy" as they used to be - so I know age is also a factor for some of those classroom staff. I am doing plenty of research on finetuning job descriptions, ADA, EEOC, etc., but I always gain from this forum's input. |
|
|
make no mistake...
posted at 9/9/2011 6:43 AM EDT
|
|
Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Are you a private or not for profit organization?
How big is your organization? Do your teachers work alone or do they have full time assistants? How often does a teacher need to lift up a child? Once a day? Once a week? Once a month? Once an hour? If they work alone and cannot meet the reasonable lifting requirement then they are not able to perform one of the critical tasks of the position. You do not lower your job requirements as long as they are based on the actual needs and if they work alone, you are boxed into not putting them in the class room since this is a potential safety issue. |
|
|
make no mistake...
posted at 9/9/2011 7:00 AM EDT
|
|
Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
We are a non profit (but not public).
We have 150-165 employees. The requirement is that there always be two staff in the classroom. How often do they lift a child? I cannot answer that for certain - and will do some surveying. It probably varies widely from room to room, depending on the makeup of the class. |
|
|
make no mistake...
posted at 9/9/2011 7:10 AM EDT
|
|
Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
It would appear at first blush that as long as one of the two people in the room have the ability to do the required lifting you would ok.
Also if you have intercoms and the teacher can send out an "alarm" that he/she needs immediate assistance perhaps that can overcome some of the concerns. |
|
|
make no mistake...
posted at 9/9/2011 8:24 AM EDT
|
|
Posts: 32
First: 1/31/2011 Last: 9/13/2011 |
Hi:
Based on the language "The "essential" aspect is that those staff be able to remove a child from harm's way, assist with evacuating a center, and/or restraining a child to prevent them harming themselves or others", I wouldn't be comfortable with selectively applying the requirement. Much of the justification for the requirement implies being able to provide an expeditious response to potentially dangerous situations. Depending on someone in the same or another room seems inconsistent with the articulated justification. Also, selective application of the requirement creates greater exposure to various types of litigation (e.g., disparate treatment, negligent hiring/retention). Certainly while an employer should consider reasonable accommodation for a disabled applicant/employee, this situation may be of the nature where the inability to lift 50 lbs in an expeditious fashion may not be reasonably accommodated. I trust this is helpful. Dave Arnold, Ph.D., J.D. |
|
|
make no mistake...
posted at 9/9/2011 9:30 AM EDT
|
|
Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
Thank you, howard7, for facilitating my processing of the situation with your questions and comments.
Thank you, darnold, for affirming the conclusions arrived at (between posts!) and giving me more concise language to use in future discussions. I always benefit from and am grateful for this forum. I try to save it for those times when I just seem to be spinning my wheels...... |
Forums » Topic Forums » Legal Forum » make no mistake...
