Legal Reasons for Job Descriptions

Since there are different requirements and regulations associated with writing a legal job description, we thought it would be useful to explore this topic a little further for HR professionals who want to be secure and compliant. Job descriptions for large companies often have similar requirements to government agencies when creating job descriptions. These rules are introduced by lawyers to protect the company from discrimination lawsuits. They can also help prevent the perception of bias among employees, as all employees must follow some of the same guidelines. Laws and bodies that determine whether or not elements of a job description are legal include the Fair Labor Standards Act, the National Labor Relations Act, the Equal Employment Opportunity Commission, the Americans with Disabilities Act, and the Occupational Safety and Health Administration. Another area of law to consider is the Americans With Disabilities Act (ADA and ADAAA). This legislation also does not require employers to have job descriptions. However, employers who opt for job descriptions will find that the ADA has a significant impact on format and content. Since the ADA`s employment regulations focus on essential duties, the employer must ensure that all essential duties are covered in the job description. The key word here is “essential,” which I`ll talk about in more detail below. Based on a variety of state and federal laws, it`s important to know what you can and can`t legally include in a job description, whether it`s for an advertised job or for a new employee your company has hired. Setting the vacancy status of a position in advance in your job descriptions will bring clarity to job seekers. This also applies to language avoidance, which is usually associated with exempt positions for non-exempt positions and vice versa.

After writing your job description, ask employees to review and sign it. Keep descriptions an important part of your review process by asking your employees to review their job descriptions at least once a year to ensure the description includes changes to the position. Oregon and Washington, along with a growing number of other states, have recently passed equal pay laws. Oregon`s Equal Pay Act requires employers to pay workers equal pay for work of “comparable character.” When creating your job descriptions, consider similar jobs in your organization so you can easily perform your equal pay analysis. The Oregon Bylaws (SRO 839-008-0010) define work of a comparable nature as “substantially similar knowledge, skills, effort, responsibilities and working conditions.” Besides the legal reasons for job descriptions, there are strong practical reasons for this. For example, job descriptions can be useful communication tools for telling employees exactly what tasks you expect from them. Job descriptions may also refer to the quality or quantity of performance standards, or even the work rules that apply to a particular position. Without such clear communication, employees may not meet your expectations.

Another critical point is the review of job descriptions. In previous companies, I reviewed some roles every year and others were reviewed every few years. Sometimes this was caused by a change of management or a change of department. Sometimes this was due to new business goals or goals set in motion. I also had a layoff season and some roles were combined, which forced further examination. There are a variety of reasons why a review may take place, but I would recommend taking a look at it at least once a year and then determining which roles really need further review and making those adjustments accordingly. Job descriptions alone do not determine whether or not a person should be exempted under applicable wage and working time laws. A job description must first accurately reflect the duties of a particular position. In addition, other elements of the applicable exemptions must also be present for each individual worker in order to be considered exempt. By adding a statement of reasonable accommodation to your job descriptions, you can demonstrate your commitment to complying with the job description compliance regulations. (Example: “We are committed to providing persons and persons with disabilities with access, equal opportunities and reasonable accommodation.”) In some cases, state laws restrict what you can say in a job posting. For example, Massachusetts makes it illegal to ask applicants for their salary history.

Job descriptions can help identify the specific skills or abilities required for a job or the environmental exposures that apply to the position. A good job description tells the candidate what the position may include or require. After reading the job description, some candidates may decide that they are not suitable for the position or that they are not interested. If an applicant withdraws their application, a potential employer cannot be held liable for “adverse actions” under applicable law. A number of federal laws and regulations come into play when filling out and working with your job descriptions, Kennedy says, including: Well, you`re unlikely to include age-related derogatory comments in your job descriptions, but unintended signals about age can sometimes get through.