Overview: Clarity is the key when it comes to job descriptions. The employer should not mislead potential job applicants or employees, not to mention managers, with unclear or inaccurate job descriptions.
A job description ideally should be a summary and have enough pertinent information about the work to reveal the essential functions of the job. The minimum qualifications required to do the job; desired licenses or certifications if any; the job title; exempt vs. nonexempt status for overtime pay; and the working conditions also are among the factors that usually are included.
As is the case with other areas of job analysis, employers should review all job descriptions on a regular basis. At a minimum, descriptions should be reviewed whenever a job is filled since recruitment is an ideal time for managers to assess organizational needs and rework job duties if a modification is needed.
Employers also should ensure that job descriptions exclude nonessential functions so that otherwise qualified applicants are not discouraged from applying for open positions. For instance, a lifting requirement that is minor or nonessential might deter individuals with disabilities from applying and could create liability under the ADA as a result.
Author: David B. Weisenfeld, JD, Legal Editor
XpertHR's new Job Descriptions Tool can help employers comply with employment laws such as the FLSA and the ADA; set clear performance expectations for employees; and standardize job requirements based on business necessity.
HR considerations in writing legal and effective job descriptions.