Human Resources 4U

Do your new employees know what their job duties are? What among those duties are the most important? Who is his/her supervisor? Do they know if they are eligible for overtime pay? Do you know if they should be eligible for overtime pay? To avoid confusion for new hires and to assist you in many other areas (including legal compliance), it may be helpful to have a consistent set of Americans with Disabilities Act (ADA) compliant job descriptions for all of your employees. Besides helping to avoid confusion among employees and supervisors there are many other benefits to having job descriptions.

• Job descriptions set clear expectations. The job description is the first place to look when employees aren’t doing what you want them to. The first step in getting people to do what you want them to do is to make sure that people know your expectations-and that starts with the job description.
•  They form the foundation for building a logical salary structure and as the starting point for job analysis and classification, setting pay and grade levels and determining exempt or nonexempt status
• When recruiting, specific job descriptions can be handed out and discussed as part of the interview process.
• The key parts of the job description will be very helpful when developing advertising and conducting preliminary screening of applicants
• Job descriptions can be used as a basis for developing meaningful and more detailed interview questions
• Job descriptions are objective and impersonal. That makes it easier for parties to have productive discussions of shortcomings or to overcome misunderstandings. You need only look at the description to find neutral ground.
• They are a great starting point for performance evaluation. The fairest evaluations are based on how well an employee performs duties outlined in a job description.
• The gaps between what the employee skills are and what the job requires can be used as a basis for orientation and training of new employees
• Job descriptions help you cover your legal bases. For example, in regard to the Americans with Disabilities Act (ADA), you’ll want to make certain that the description of physical requirements is accurate, and you’ll want to split off the essential functions of the job from the â??other duties.â?

Most businesses that have more than a few workers employed in several different positions need job descriptions. They are the key to building a rational and logical workforce structure.

Job Description Components
Although content can vary according to the nature of the business and the kinds of work done, a practical job description system should maintain a consistent format and contain the following components:
â?¢ Title Block: this would include items such as job title, pay grade or range, department, reporting relationship (by position, not individual), exempt/nonexempt status, effective date, revision date, and management approvals of the Job Description.
â?¢ Position Summary: a condensed statement of responsibilities and overall description of key tasks and their purpose; relationships with customers, coworkers and others and results expected of incumbent employees
â?¢ Essential Functions: only two features of job responsibility are important: identifying tasks that comprise about 90 to 95 percent of the work done and listing tasks in order of the time consumed (or, sometimes, in order of the importance) of each. The first task listed should be most important or time-consuming one, and so on. Using a single sentence description, you can cover 90 to 95 percent or more of most tasks and responsibilities in 10 or 12 statements.
â?¢ Other Duties: this would include duties that may be required from time to time but are not essential for successfully fulfilling the position requirements
â?¢ Minimum Qualifications: the education and experience necessary for entry into this job
â?¢ Physical Requirements: the conditions applicable to this position (for example, heavy lifting, exposure to temperature extremes, prolonged standing, etc.)
â?¢ Work Conditions: items such as the environment (office, noisy shop floor, outdoors, etc.)

You may also want to consider some type of disclaimer to remind readers that job descriptions are not meant to be all-inclusive and/or the job itself is subject to change. For example: â??Nothing in this job description restricts management’s right to assign or reassign duties and responsibilities to this job at any time.â?

Job Testing
Testing is OK but keep this in mind when using tests.

• Jobs change: In today’s work environment jobs change frequently, and that can leave you with tests and job entry requirements that no longer are “job-related business necessities.” For instance; a position where data entry keyboarding speed was once an essential function, but now data are scanned or sent in electronically? Now the essential function may be database management.
• Blanket Testing: Some blanket standards may seem reasonable, but often there are some jobs to which the standard should not be applied. For example; when you impose a standard that says, “Everyone needs a high school diplomaâ? on all applicants, including applicants for menial jobs, you may be imposing an unlawful standard that isn’t job related. A better approach would be to add an alternative requirement such as â??or 6 months of related experience.â?
• Online screening: Screening applicants online can save time and money by helping hiring managers determine early in the process which individuals are qualified for an interview. Many times the questions can be structured so that those who are clearly unqualified can be automatically screened out. But there can be a violation here if access to the screening isn’t readily available. Be sure that you make the testing available to all, and be prepared to offer accommodations for the testing process to applicants with a disability

Job Descriptions and the Law
Can job descriptions prevent lawsuits? Lack of clarity is the basis for many lawsuitsâ??e.g., clarity about pay or about the reasons for employment decisionsâ??and many of those suits can be avoided by clearly written, up-to-date job descriptions.
Good job descriptions can:

• Promote proper classification to avoid wage and hour litigation. When job descriptions have proper detail, they help you reach a correct conclusion about exemptions. Remember, the title is NOT the determining factorâ??job duties and responsibilities are. You should note that wage and hour claims outnumber all other types of discrimination complaints, combined.
• Support accurate compensation structures. Good job descriptions clarify which jobs are similar and entitled to similar pay, and which jobs warrant different pay because they require different levels of skill, knowledge, or responsibility, or because they contribute to company goals in different ways. Pay-based discrimination complaints are expected to increase now that the Ledbetter Fair Pay Act is the law (visit my blog to see my March 4 posting for more information about this). You may be able to help minimize these types of lawsuits with detailed job descriptions.
• Aid in defending against discrimination charges. Federal laws prohibit employers from basing employment decisions such as hiring, compensation, or other terms, conditions, and privileges of employment on illegal factors such as race, religion, sex, or national origin. But these laws don’t bar you from selecting, promoting, or rewarding individuals based on qualifications and merit. By defining a job’s requirements and setting forth clear performance standards, the job description will help to justify your employment decisions and reduce your organization’s exposure to costly litigation.
• Facilitate ADA compliance. Federal regulations and guidance governing the Americans with Disabilities Act (ADA) do not require employers to have job descriptions. However, employers choosing to have job descriptions will find that the ADA has a significant impact on format and content. Because the employment provisions of the ADA focus on essential functions, the employer must ensure that all essential functions are covered in that component of the job description. All non-essential functions would be included under â??Other Duties.â?For example; statements such as “Performs other duties (or functions) as assigned” are not suitable as an essential function.
• Help in complying with OSHA rules. Generally, federal law does not require employers to have job descriptions, but there are some exceptions. One exception concerns jobs where employees handle or dispose of hazardous waste such as oil, antifreeze, transmission fluid, auto parts cleaner, paint thinner and similar material. The governing regulation (40 CFR 264.16) does not prescribe a format or degree of specificity for descriptions of these jobs, but it does outline what must, at a minimum, be in them. Also, when a job description includes information about working conditions, such as dangerous work environments and special equipment used, it can help ensure compliance with safety rules and alert an applicant that the position is hazardous.

Keeping Job Descriptions Current
Job descriptions have the potential to become the subject of contention, including grievances or litigation. So remember, for your job description system to work, it is critical that accuracy be maintained. To ensure this, the employer should designate one party (for example, the supervisor or the HR department) as having primary responsibility for keeping them current. In addition, the employer should have a plan for reviewing them regularly (at least annually).

Human Resources 4U specializes in developing Job Descriptions that can then be linked to salary, merit, and promotional structures to ensure compliance and to help you minimize the risk of pay discrimination claims in the future.

Human Resources 4U is a full service Human Resources consulting company specializing in small and midsize businesses. Note: This article is presented with the understanding that we are not engaged in rendering legal advice. If legal advice is required, the services of a competent attorney should be sought.