Human Resource & Payroll Services And Solutions - Houston, Dallas, Austin - Texas www.hrp.net. Good job descriptions force you to think about what people should be doing, help to ensure your employees are doing what you expect of them and make it more likely to get the right employees on board in the first place. Here are some tips from experts.

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Crafting Job Descriptions with Legal
Hazards in Mind

2. It may seem unnecessary to cover something as basic as a requirement to
show up for work regularly, in a job description. Better not to make this
assumption. Businesses can win, like the employer in the Samper v.
Providence St. Vincent Medical Center (9th Circuit, No. 10-
35811) case who ultimately beat back a claim filed under the Americans
with Disabilities Act (ADA). This case asserted a disabled employee should
be allowed to "opt out" of the employer's attendance policy. Again, the
employer won, but obviously avoiding litigation altogether would have
been preferable.
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ADA of course requires that disabled employees cannot be terminated if
they are still able to perform "essential job functions" when provided
"reasonable accommodation" by their employer. For example, Samper
argued -- unsuccessfully -- it would be a reasonable accommodation on
the part of the employer to not hold the employee to the
hospital's attendance policy.
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3. Essential Job Functions
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Job descriptions don't always use the phrase "essential job function." But
James J. McDonald, Jr., a partner with Fisher & Phillips, thinks using this
phrase might not be a bad idea. He recommends this as a way to fortify
the employers' legal position in the event an employee later develops a
disability affecting his or her ability to perform those essential functions.
Eliminating any ambiguity about which job functions are truly essential is
a good preventive measure.
Another recent case highlights the importance of a well-crafted job
description. In Knudson v. Schwann's Home Service, Inc.,(8th Cir. No. 12-
2240), the employer included in the job description an essential job
function even though the employee rarely had to perform this task. This
helped persuade judges to reject an ADA claim from the employee. The
case involved a warehouse manager whose job description stated he
must maintain a commercial driver's license.
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4. When the employee suffered an eye injury and was no longer eligible for
this license, he was terminated. The employee asserted his job rarely
actually required him to drive a truck. But the court held his particular
experience in this job "is of no consequence in the essential functions job
equation" and gave deference to its inclusion in his job description.
(McDonald adds, other courts might have a different interpretation, but
certainly omitting any occasional requirements from a job description
would be a mistake.)
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5. Keep Job Descriptions Current
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Job descriptions are perishable, although employers often keep recycling
the same ones. McDonald stresses the importance of keeping job
descriptions current, so if new duties are added to the job, they are
reflected in the job description. At a minimum, job descriptions should be
reviewed each time a new employee is hired for the same position, instead
of automatically recycling the existing one.

6. Judy Lindenberger, a consultant with the Lindenberger Group, LLC, says a
good job description should be organized using these basic components:
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• Job title;
• Department;
• Direct supervisor;
• Overall responsibility;
• Key areas of responsibility (i.e. the details, including essential job functions);
• "Consults with" (i.e. co-workers and others the employee will work with);
• Term of employment (if applicable); and
• Qualifications (skills and experience).
She encourages employers not just to create the job description based on
a job's history, but to think of new aspects of the job which should be
required in light of the company's long-term objectives.
McDonald also emphasizes the importance of not overlooking the basics
when describing the essential intangible aspects of the job
(communication skills, etc.). Those include the ability to follow direction
from your supervisor, work as a team, and so on.
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7. Enumerated tasks in a job description should end with "other duties as
assigned," McDonald says.
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Physical requirements included in a job description are not limited to
positions involving manual labor. For example, Lindenberger suggests job
descriptions for desk jobs should include the requirement for an
employee to be able to sit at a desk all day.
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8. Beware the Spectre of Discrimination
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Lindenberger cautions job descriptions must not be written in a way which
might be deemed discriminatory. For example, a job description which puts a
ceiling on the number of years of experience required would make you ripe
for an age discrimination claim, Lindenberger warns. The only gender-based
requirement which might pass muster is for the job of a bathroom attendant,
she adds.
Similarly, carefully think through the degrees and licenses you require, to
ensure they have a direct bearing on the individual's ability to perform the
specific job.
Finally, when you're done with the job description, take a fresh look at it and
be sure the job you describe is "truly doable," Lindenberger says.
Without a doubt crafting a complete job description can be a cumbersome
task with an enormous amount of detail. But it pales in comparison to the
task of defending a claim in court which could have been avoided. Think of it
as helping your company dodge a legal bullet.
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10. 14550 Torrey Chase Blvd., Ste. 360 Houston, TX 77014 USA
www.hrp.net
E-mail : info@hrp.net
Toll Free
Phone
Fax
:
:
:
877.880.4477
281.880.6525
281.866.9426