A good job description can be a valuable tool for employers in a number of ways. It can help to attract qualified candidates, set clear expectations, protect against legal liability, and justify an employee’s exempt status. In particular, a good job description can help with legal compliance, employee discipline, and complaints of discrimination.
How to Write a Good Job Description
- Be clear and concise. The job description should be easy to understand, and it should be specific enough to provide a clear understanding of the job's essential functions.
- Set clear expectations. The job description will establish a solid set of expectations for employees and what is required to perform the job.
- Use non-discriminatory language. The job description should avoid using language that could be interpreted as discriminatory, such as "must be able to see," "must be able to hear," “youthful,” or “fresh outlook.”
- Be consistent with company policies. The job description should be consistent with the company's policies and procedures, and it should be updated as those policies and procedures change.
- Keep it updated. It is important to keep the job description up-to-date as the position changes or as the company grows.
How a Good Job Description Can Help with Legal Compliance
The Americans with Disabilities Act (ADA) and New York Human Rights Law prohibit discrimination against individuals with disabilities in all areas of employment, including job application, hiring, firing, compensation, training, and advancement. A good job description can help with legal compliance in a number of ways.
First, a good job description can help employers identify the essential functions of the job. The ADA defines essential functions as the fundamental job duties that an employee must be able to perform, with or without reasonable accommodation, in order to do the job successfully. By identifying the essential functions of the job, employers can avoid discriminating against individuals with disabilities who are able to perform the essential functions, even if they cannot perform some of the non-essential functions.
Second, a good job description can help employers avoid making discriminatory job requirements. The law prohibits employers from making job requirements that have the effect of discriminating against individuals with disabilities. For example, a job requirement that an applicant must be able to lift 50 pounds would be discriminatory if it screens out individuals with disabilities who are able to perform the essential functions of the job with a reasonable accommodation, such as using a lifting device. If there are physical demands of the job, be specific about what those demands are and how they relate to the essential functions of the job. By carefully considering the essential functions of the job, employers can avoid making discriminatory job requirements.
Third, a good job description can help employers provide reasonable accommodation to individuals with disabilities. If an individual with a disability is unable to perform an essential function of the job, the employer may be required to provide a reasonable accommodation to allow the individual to perform the function. A reasonable accommodation is a modification or adjustment to the job or the work environment that will allow the individual with a disability to perform the essential functions of the job. By having a clear understanding of the essential functions of the job, employers can be better prepared to provide reasonable accommodations to individuals with disabilities. New York State law wants to see a robust interactive process in evaluating requests for accommodations and how it is determined whether or not one is possible.
In addition to these specific benefits, a well-written job description can also help employers create a more inclusive workplace and attract a more diverse pool of candidates. By ensuring that all job descriptions are ADA-compliant, employers can help to ensure that all individuals, regardless of their disability, have an equal opportunity to be employed and succeed in the workplace.
How a Good Job Description Can Help with Employee Discipline
A good job description can also help with employee discipline. When employees know what is expected of them, they are less likely to engage in behavior that could lead to disciplinary action. A well-written job description should clearly define the essential functions of the job, as well as the company's policies and procedures. This can help to prevent discipline by ensuring that all employees are treated fairly and consistently.
In addition, a good job description can help to document performance issues. If an employee's performance is not meeting expectations, a good job description can provide a basis for documentation. This documentation can be used to support disciplinary action, such as a written warning or a suspension.
How a Good Job Description Can Help with Complaints of Discrimination
Finally, a good job description can help with complaints of discrimination. When employees know what is expected of them, they are less likely to file a complaint of discrimination. A well-written job description should clearly define the essential functions of the job, as well as the company's policies and procedures. This can help to prevent discrimination by ensuring that all employees are treated fairly and consistently.
For example, if an employee is not promoted or is terminate and they are a member of a protected class (e.g., race, gender, etc.), the job description can be used to show that the employee failed to all of the essential job functions and that the lack of promotion or termination was based on their qualifications. In addition, a good job description can help to document performance issues. If an employee files a complaint of discrimination, the job description can be used to show that the complaint is not valid.
How a Good Job Descriptions Helps Justify an Employee’s Exempt Status
While a job description will not, by itself, be determinative of an employee’s exempt status, it can provide strong evidence as to whether or not a position should be considered exempt or non-exempt under wage and hour laws. The job description must accurately reflect the duties of the position, and lend support to the exemption claimed.
For example, if the exemption is based on the position being an “executive,” then the job description should detail how the person is responsible for a department or subdivision of the company, and regularly supervises at least two full-time employees. Or if the exemption is based on the position being “administrative,” then the job description should detail how the person regularly exercises independent judgment and discretion about matters of significance to the company.
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We love working with NYS small business owners who are striving to make their businesses the best places to work! We can help you draft job descriptions that can help implement the culture and compliance you desire.
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Francine E. Love is the Founder & Managing Attorney at LOVE LAW FIRM PLLC which dedicates its practice to serving entrepreneurs, start-ups and small businesses. The opinions expressed are those of the author. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
