Businesses
throughout this country—whether small, medium, or large—are busy trying to make
money by providing goods and services to their customers and clients. Charities, schools, governmental entities are
also trying to provide services to their constituencies to help them. It is fair to say that all such
organizations—at least the ones that intend to survive—are focused on their
core purposes and, most often, are single-minded in assuring that they meet
their organizational goals. Of course,
in most instances, these organizations must employ people—people that they hope
are competent, trustworthy, and efficient in providing these services to their
customers, clients, and constituencies.
While these entities intuitively recognize the importance of their
employees in meeting their goals, because the existential threat of failure
looms large to many supervisors, business owners, and managers, they often give
low priority to things that they view as diversions from their core
purposes. Unfortunately, many view the
development of human resource forms, policies, and procedures as such
diversions and, accordingly, either ignore or put off to another day developing
such documents or hastily adopt documents they find on the internet, have used
in a previous or alternative business, or obtain from other dubious
sources. Such an approach is obviously
fraught with problems, particularly when it comes to job descriptions.
The
development of job descriptions is undoubtedly viewed by most people, including
many human resources professional and employment lawyers, as mundane and
tedious work. However, there are very
few more important employment related documents. A job description is at the center of most
administrative and court proceedings, and, they are critical documents in,
among others, overtime disputes, labor disputes, discrimination claims
brought under the Americans with Disabilities Act (ADA), First Amendment discrimination cases, and Family and Medical
Leave Act disputes.
For
instance, at the core of all ADA accommodation requests and disputes is the
question whether an individual “with or without reasonable accommodation, can
perform the essential functions of the employment position that [the]
individual holds or desires." Similarly, in FMLA fitness-for-duty
certifications “an employer must provide an employee with a list of essential
functions of the employee’s job” in order to assess whether he or she can
return to work. Moreover, while not dispositive, a job
description can be extremely relevant in assessing whether an employee is
exempt from overtime or minimum wage requirements under the FLSA.
Because of
these issues, the development of accurate and comprehensive job descriptions is
very important for all employers. The components of a complete job description
include:
·
Specific Position Identification Information
·
Position Summary
·
Job Duties
o
Essential Job Duties
o
Non-Essential Job Duties
·
Job Qualification Requirements, Skills, and
Attributes
·
Working Conditions
o
Physical Effort Requirements
o
Atmospheric Conditions
o
Hazards
o
OSHA Categories
·
Other Duties
While these descriptions broadly
describe what should be included, the position or job descriptions must be
comprehensive and specific.
Additionally, the job description must be prepared with or by somebody
who has experience with the position who can accurately depict and describe the
actual job requirements and duties. In
preparing the descriptions a person should:
·
Give specific details rather than generalities
·
Focus on the job to be done not on the person
currently doing the job
·
Update the job description frequently (annually
is a good rule of thumb)
·
Never use words that might give rise to an
inference of discrimination, e.g.,
“youthful” or “able-bodied”
·
Focus on outcomes not attitudes, e.g., replace “take initiative on
projects” with “initiates, organizes, manages, and reports on assigned
projects.
·
Carefully differentiate between essential and
non-essential functions
·
Include all job duties that are consistently
performed over a consistent amount of time
Labels: Americans with Disabilities Act (ADA), EEOC, Fair Labor Standards Act (FLSA), First Amendment, FMLA, Job Applications