Posts Tagged with: Job Descriptions

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Employment Lawyers Talk Off The Clock Episode 75
09 October 2024

Episode 75 – The HR Do’s and Don’ts When ...

Miller Johnson attorneys Rebecca Strauss and Sarah Willey discuss what to include, what to leave out and other tips to protect your organization. You can also listen to this and future episodes by subscribing to the “Lawyers Off the Clock” podcast on: Apple Podcasts Spotify

Job Descriptions Blog Post
09 January 2024

The Time to Update Your Job Descriptions is Now

The importance of maintaining accurate job descriptions is often overlooked, and understandably so. Who has time to review dozens of job descriptions on top of everything else that needs to be done? Plus, employees know what their job duties are so why does it matter if a piece of paper is updated or not? As […]

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The importance of maintaining accurate job descriptions is often overlooked, and understandably so. Who has time to review dozens of job descriptions on top of everything else that needs to be done? Plus, employees know what their job duties are so why does it matter if a piece of paper is updated or not?

As cumbersome as it may be, having accurate job descriptions that reflect the duties and requirements of the position can save an employer from some legal trouble in the future. For example, a job description can play a key role when an employer is analyzing whether an employee can perform the essential functions of his or her job with or without a reasonable accommodation under the Americans with Disabilities Act (ADA). If the job description is inaccurate, the reasonable accommodation analysis might be faulty and may lead to legal liability if the employee challenges the employer’s decision.

Accurate job descriptions can also help support hiring, promotional, disciplinary, and termination decisions. For instance, let’s imagine that a current employee is alleging discrimination after being denied a promotion. He was denied the promotion purely because he did not meet the required qualifications. However, the job description was out of date and did not reflect the qualifications that the denial was based on. Now the employer’s reasoning will look like an after-the-fact made up rationale for denying the promotion.  Having an accurate job description to share with the employee may have saved this employer from a legal battle regarding the decision.

The morale of the story is to not wait until it’s too late to update your job descriptions.  Do it now and make it part of your routine compliance procedures.  Here are some things to keep in mind when reviewing a job description:

  1. It should provide an overview of the key responsibilities of the position.
  2. It should detail the essential functions of the position.
  3. It should state the required education, qualifications, and skills needed for the position.
  4. It should also state the preferred education, qualifications, and skills.
  5. Make the expectations clear; don’t be vague.
  6. Consider asking supervisors or managers for insight on what tasks the employees perform on a daily basis so you don’t leave out any important responsibilities of the position.

If you have any questions about drafting or reviewing job descriptions, please contact Breanne Gilliam.