Cross training

[Vanessa54]

What is the name of your state (only U.S. law)? Virginia
The company I work for has just informed us that we would all be cross trained in other areas of the business. Even though we were hired to do the job we do now. When I said something to one of the leads that I was not hired to work in that department, she said I was hired to "work." There is nothing written in our job description saying we would be required to work in any of these areas. Some of these departments are physically difficult for older employees and employees with health issues. Can they force this on us?

 

[justalayman]

As long as you are in the private sector and you have no contract or collective bargaining agreement in place, yes, they can.

 

[xylene]

Yes thay can do this, but...

Is this supposed to be a learning experience or are they going to fire or discipline people based on their performance in the different departments?

Depending on a lot of circumstances and facts this could be a age discrimination by disparate impact.

I'd say the employer would have a pretty difficult time claiming a business interest that every employee can work the... loading dock or whatever.

 

[cbg]

What is the name of your state (only U.S. law)? Virginia
The company I work for has just informed us that we would all be cross trained in other areas of the business. Even though we were hired to do the job we do now. When I said something to one of the leads that I was not hired to work in that department, she said I was hired to "work." There is nothing written in our job description saying we would be required to work in any of these areas. Some of these departments are physically difficult for older employees and employees with health issues. Can they force this on us?

You betcha they can. Your job description on any given day is what your employer says it is. Cross training is a legal practice and is in fact evidence of good management.

And there is absolutely nothing in your post that supports a claim of age or any other kind of discrimination. That's simply absurd.

 

[commentator]

Yes, absent a union contract that specifically spells out these types of issues, the employer has the call on this. If they need to you to do whatever, clean the toilets, mop the floors, pick up trash in the parking lot, plus program the computers, any aspect of the business, they can require it of you. You have no protection under the law. You get up and do whatever they ask you to do, learn whatever they ask you to learn to do, or you go quit and find a job more to your liking.

 

[LdiJ]

You betcha they can. Your job description on any given day is what your employer says it is. Cross training is a legal practice and is in fact evidence of good management.

And there is absolutely nothing in your post that supports a claim of age or any other kind of discrimination. That's simply absurd.

Eh...it kind of depends on what the cross training is. If say a 60 year old receptionist is going to be crossed trained packing pallets with 50 pound boxes that might lead to some age discrimination issues.

 

[cbg]

And we have been given WHAT evidence to suppose that is the case?

 

[commentator]

I think one of the big box stores tried this, or was going to try this and it got publicized. This was where they were going to require change the job descriptions and require all cashiers to go get carts from the parking lots, thus removing the cashiers who were obese or older or didn't move well, so that their insurance costs might be reduced. Not long after this, a person my age applied to another big box store and they informed her that part of her cashier duties would be to collect carts in the parking lot! Apparently this has been added to job descriptions ahead of time.

But I also strongly doubt if this is the type of extremely obviously designed to get rid of the old and the sickly cross training that OP is talking about.

 

[Vanessa54]

cross training

Eh...it kind of depends on what the cross training is. If say a 60 year old receptionist is going to be crossed trained packing pallets with 50 pound boxes that might lead to some age discrimination issues.

Yes that about sums it up. Thank you!!!

 

[xylene]

And we have been given WHAT evidence to suppose that is the case?

The op asked about it in the first post.

 

[Vanessa54]

I think one of the big box stores tried this, or was going to try this and it got publicized. This was where they were going to require change the job descriptions and require all cashiers to go get carts from the parking lots, thus removing the cashiers who were obese or older or didn't move well, so that their insurance costs might be reduced. Not long after this, a person my age applied to another big box store and they informed her that part of her cashier duties would be to collect carts in the parking lot! Apparently this has been added to job descriptions ahead of time.

But I also strongly doubt if this is the type of extremely obviously designed to get rid of the old and the sickly cross training that OP is talking about.

The job is physically fairly easy, but there are women in their 60's who have back and knee issues and are obese that will keep them from having to do alot of heavy lifting and movement other than their daily job. This cross training will only involve being placed in these areas when OT is needed and the regular workers aren't there. This would be hard on people who are not use to doing this type of work on a daily basis. I do believe they are trying to weed out the old and sickly.

 

[cbg]

Cross training is 100% legal in every state.

Cross training is, as a general practice, a good management technique. If you think about it you will see why - if you can't, I'll explain it to you.

As you have described it, you are going to have a hard time making a claim of discrimination stick until or unless someone is fired or disciplined for poor performance on one of these cross training duties AND it is one of these "old and sickly" individuals you mention.

 

[Vanessa54]

Cross training is 100% legal in every state.

Cross training is, as a general practice, a good management technique. If you think about it you will see why - if you can't, I'll explain it to you.

As you have described it, you are going to have a hard time making a claim of discrimination stick until or unless someone is fired or disciplined for poor performance on one of these cross training duties AND it is one of these "old and sickly" individuals you mention.

Thank you...you nailed it.

 

[cbg]

If by that last post you mean that one of these "old and sickly" persons HAS been disciplined or fired for poor performance on one of these cross training duties, then THAT PERSON (not you, unless it actually is you) is free to discuss it with an attorney or the EEOC and determine the strength of the case based on the specific facts. The policy, in and of itself, is not illegal.

 

[Vanessa54]

If by that last post you mean that one of these "old and sickly" persons HAS been disciplined or fired for poor performance on one of these cross training duties, then THAT PERSON (not you, unless it actually is you) is free to discuss it with an attorney or the EEOC and determine the strength of the case based on the specific facts. The policy, in and of itself, is not illegal.

Yes I understand this and no it is not me. But there are several co workers that I know for a fact that because of age and medical reasons they will not beable to perform these duties and even training them will be hard on them. Thank you very much...you were very helpful.