Job descriptions are a must, but more importantly, job descriptions must remain up-to-date and accurate. An adequate job description should include: The essential functions of the job Necessary qualifications Specific productivity targets Other goals Comprehensive and accurate information
Why it’s important and what it should include to try and avoid future issues
Job descriptions are a must, but more importantly, job descriptions must remain up-to-date and accurate. An adequate job description should include:
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The essential functions of the job
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Necessary qualifications
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Specific productivity targets
-
Other goals
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Comprehensive and accurate information
While accurately defining the position is important from a legal standpoint, job descriptions are not always necessarily taken at face value by courts.
Job descriptions help the recruiter know what the successful candidate for the position needs in terms of qualifications, skills, and experience in order to contribute to the organization. A second very important reason to have accurate and up-to-date job descriptions is that the Equal Employment Opportunity Commission (“EEOC”) will give the employer’s list of essential jobs functions some deference if the employer and employee disagree on them.
The Americans with Disabilities Act (“ADA”) stipulates that consideration will “...be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.” 42 U.S.C. § 12111(8).
It is important to note that the ADA only gives this kind of deference to job descriptions that are created before interviewing applicants, or even advertising for the job. Legally effective job descriptions should not be constructed with a particular person in mind, but rather with a particular standard of job performance in mind.
This news alert is created by the attorneys in Labor & Employment Practice Group at Friday, Eldredge & Clark, LLP. The information provided is not a substitute for legal advice and should be considered for general guidance only. Please contact one of our attorneys for specific legal advice regarding this matter.
Daniel L. Herrington is a partner in the Labor and Employment Relations Practice Group focused on representing employers in all areas of labor and employment law, including ADA, FMLA, Wage and Hour, Title VII, OSHA and NLRA. He proactively works with his management clients to help ensure their employment decisions can withstand legal scrutiny.