Job descriptions or position descriptions? Whatever the name, they’re not legally required, so why should your organization even bother to create them? Isn’t that a lot of work for something that will languish in a drawer somewhere? Well, yes, it does take some effort but it’s effort well spent that will save time later and enrich your employment processes. There are multiple reasons to create job descriptions and multiple reasons they should never languish in a drawer, not even an electronic one.
Job descriptions serve important communication purposes and provide a strong foundation for key legal compliance. Let’s take a more detailed look at the several functions of this invaluable employer tool:
Setting Out Expectations
Establish proper expectations from the start through job descriptions. When recruiting, employment ads or social media posts are brief so you can point candidates to your web site and publish the full description there. Some prefer to provide a hard copy when candidates come in to interview but candidates often request a copy before interviewing or even before applying so why not just put it out there? The job description conveys precisely what the opening entails and other relevant information such as to whom it reports and the education level, skills and experience required. Unqualified candidates, or those scared off by hard work, may self-select themselves out of the process based on the description and that saves you valuable time. Having a clearer understanding of the job also helps candidates ask better, more pointed questions. Once hired, a new employee is better armed to understand what is expected of him or her from the outset.
Compliance with the Fair Labor Standards Act (FLSA)
A job description is key in determining and documenting whether a position is considered exempt or non-exempt under the FLSA. In addition to salary considerations, the U.S. Department of Labor (DOL) sets out duties tests for its various exemptions from overtime and minimum pay requirements: executive, administrative, professional, outside salesperson, and computer-related. If a position is deemed exempt, the job duties and functions laid out in the description offer legal justification. It’s a great idea to include the exempt/nonexempt status right in the job description along with which exemption category the job fits into. This will provide enormous help in the event of an investigation. I just attended a presentation by a federal investigator who was asked how he determines whether a position is exempt or nonexempt. The first place he looks? The job description.
Compliance with the Americans with Disabilities Act (ADA) and Amendments Act (ADAAA)
Job descriptions outline the essential functions of the position which are crucial to understand in order to comply with the ADA and ADAAA. Especially since the passage of the latter, there is much less emphasis on whether or not an individual has a disability. The category of what constitutes a disability is now so broad that the focus is more on this question: Can the employee (or applicant) perform the essential functions of the job with or without reasonable accommodation? So, when you provide job descriptions to applicants, you may not lawfully ask if they have a disability; but you may lawfully ask if they can perform the essential functions of the job with or without reasonable accommodation. And the job description is key in defining those functions. You don’t have to hire, nor retain, an individual who cannot perform the essential functions. Of course, it is incumbent upon you to provide any necessary but reasonable accommodation to help the person do so. But you do not have to provide any accommodation the person requests as it may not be reasonable.
Employees’ Return to Work
The essential functions of the job come into play when an employee is returning from work after serious illness or injury under the Family and Medical Leave Act, short- or long-term disability leave or workers’ compensation leave. The employee’s release by a physician as able to perform the job is of course based on the job description. And the job description is the perfect place to start when creating a temporary “modified duty” position to get the employee back to work after a workers’ comp injury.
Performance Evaluation
Finally, a good job description serves a key role, along with your goals and mission, in your performance evaluation system. In order to know how well a person performs, both employer and employee need a strong understanding what the job contributes. After all, you can’t judge a person on a responsibility they didn’t know they had. The job description serves as a guide and road map. The goals for each employee roll into the goals of the organization. Of course, jobs and employees evolve. Every six months or so, employees and supervisors should re-visit job descriptions and make appropriate updates. Yes, get the employee’s input. No one understands the job better than they do. It’s one more communication opportunity so employees feel consulted and involved with their job and how it fits into the goals of the organization.
Here are the components of job descriptions:
- Basic Information–Title; Department; Supervisor; Exempt vs. Nonexempt FLSA Status; if Exempt, which exemption applies
- Job Purpose–The main role of this position; the reason it exists
- Knowledge, Skills and Abilities Required or Helpful to Perform the Role
a. Abilities refer to competence due to one’s training, skill or other qualifications
b. Knowledge is factual or procedural information;
c. Skills refer to mental, verbal or manual acuity; - Tools and Technology used in performing this role
- Physical and Mental demands, e.g. physical demands such as moving heavy objects or on-the-job travel; mental demands such as handling pressure and meeting deadlines
- Working Conditions—what is the environment like? Items such as lighting, temperature, noise level, office setting, warehouse setting, outdoors.
- Approvals by the manager and HR; signature of employee to acknowledge understanding.
Finally, follow these six tips to introduce job descriptions successfully at your organization:
- Have job descriptions for every position, not just a few, so everyone understands the importance of job descriptions and so you are consistent with all levels and roles;
- Solicit employee input or even have employees write the first draft;
- Update completed job descriptions periodically so they remain current and useful;
- Refer to the contents of job descriptions in your performance evaluation process;
- Use ADA-compliant wording; for example, instead of saying “lift 50 lb. boxes,” say “move 50 lb. boxes” or instead of “sitting or standing ” say “remaining in a stationary position” to avoid excluding someone with a disability who could perform the function with equipment or other reasonable accommodation.
- Find ways to make the process easier with electronic templates and tools such as HRSentry’s Job Descriptions Made Simple online job description creator.