You write a killer job description, post it on job boards, and the applications start piling in. You find your perfect candidate, and they mesh well with the other handful of people on your team. Hired.
That employee exceeds your expectations and contributes to your business’s success. And it all started with that job description. This, of course, is a perfect scenario. The words you string together to write the perfect description are one thing. Writing a description that doesn’t unknowingly break any laws is another.
So: Are your job descriptions ADA compliant?
Here are a few things to consider.
Why Do You Need Job Descriptions?
While job descriptions are not legally required, they set clear expectations for employees and allow them to understand their responsibilities. They are also used as a baseline for performance reviews, bonuses, and promotions.
When it comes to compliance, a job description is extremely crucial to ensure you’re providing the appropriate information that will keep you on the right side of the law. This is especially true for requirements under the:
Americans with Disabilities Act (ADA)
Family and Medical Leave Act (FMLA)
Fair Labor Standards Act (FLSA)
Having a compliant job description is also necessary to defend wrongful termination claims, prove equal pay, and defend retaliation claims.
Because of all the legal nuances, it’s best that you, of course, check with your state’s regulations and a trusted advisor before hitting ‘publish.’
Conduct a Job Analysis
Performing a job analysis will give you some guidance as to what role you need to fulfill and thus lay the groundwork for the job description.
The Society of Human Resources Management (SHRM) suggests that gathering and examining data about the job’s tasks will give you the proper information to enable your business to perform efficiently.
Ask your current employees about the tasks being performed and observe how they’re being performed. Document it all based on what knowledge, skill, ability, physical characteristics, environmental factors, and credentials are necessary.
If it’s your first time hiring for a certain role, check out the Bureau of Labor Statistics’s Occupational Outlook Handbook for tips on salaries and projections.
What Goes Into a Job Description?
Once you’ve established the details of the role, it’s time to drill down the construction of the actual description. Here are the key items to include:
Summary
The summary should describe a brief, high-level overview of the essential job functions. It will give job seekers a framework of the role, without going into too much detail.
This is a good place to get a little creative and really capture a candidate’s attention.
Minimum Required Qualifications
Different than functions, qualifications should be listed as the basic knowledge, skills, abilities, licenses, and education required for the role (for example, a license to sell insurance).
Under this section, take care in writing out the qualifications that are truly necessary for the candidate to successfully perform the job. Exclusion otherwise could put you at risk for a discrimination claim.
For example, listing that an applicant must be able to lift 100 pounds (when really the job only requires the person to lift 50 pounds) could be discriminatory because of its impact on potentially discouraging female job seekers from applying.
Essential Job Functions
This section of the job description is where your role analysis comes in handy. Ensure that what you’re listing is truly a necessary task and requirement to perform the job (and not a marginal function). When writing these out, it makes sense to start each line with a verb (ex. Process reports vs. You will have to process reports). Being deliberate with the order in which the functions are listed may indicate the importance of each task.
The accuracy of writing out these functions is crucial for determining if an applicant with a disability is qualified under the ADA (and what accommodation might be required). Note that you are not required to eliminate any essential job functions as part of reasonable accommodation.
Here are some ADA-specific tips to keep in mind:
- Include the approximate amount of time the job candidate would spend on the job performing certain tasks.
- Use the exact amount of weight that an employee would be required to lift (rather than general physical requirement statements).
- If the duties require the use of repetitive motions, HRTMS suggests actually using the word ‘repetitive’.
Salary
Including salary ranges in job descriptions has become the norm and can increase efficiency in finding the right candidate. Before posting, do your research to see if your city or state mandates salary transparency in job descriptions.
Benefits
While you’re not legally required to include the benefits your company offers, consider adding a section that lists them. After all, a recent SHRM study indicated more than 72% of organizations increased their benefit offerings to retain employees.
Disclaimer
ThinkHR explains that the description should also include unexpected duties. For example: ‘The employee may be asked to perform other duties as required by business needs.’ This way, all your bases are covered.
Exempt or Non-Exempt
To comply with wage and hour laws under the Fair Labor Standards Act, you must indicate whether the position is exempt or non-exempt from overtime requirements.
It’s always a good idea to review the information with a trusted advisor so you can ensure your descriptions are compliant.
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