WORKPLACE LAW - Doubting Descriptions

Question:

I’ve just started a new job as a human resources specialist.
I am reviewing the job descriptions in the files, and I would like to update them, but I am not sure what they should include.
Can you help?

Answer:

Although there is no legal requirement that an employer maintain a written job description for each job in the company, there are many important reasons to do so. Job descriptions communicate the requirements of the job to applicants and employees, define expectations, and assist in evaluating candidates for employment and promotion. When revising or creating new job descriptions, r eview job descriptions with employees so you know what employees are actually doing. Also review the essential functions of a job with employees to solicit their input and increase accuracy.

It is important to maintain current job descriptions that correctly describe each job within your company. Some of the common elements of a job description are:

  • Job title.
  • The qualifications and educational requirements of the job.
  • The physical requirements of the job, including the amount of physical activity required on the job; the degree of strength, flexibility, and dexterity required to perform the physical activity; and how frequent and for what duration the physical activity must be performed.
  • When the work will be performed, and the work schedule, if known.
  • A description of how the job fits in to your company’s overall structure, and whom the employee will report to.
  • The level of responsibility assigned to the job.
  • A designation of whether the position is exempt or non-exempt from state and federal overtime and other wage and hour laws. However, job descriptions alone will not be sufficient to support a classification as exempt or non-exempt. You must analyze the duties of the employee, and the salary, to determine if the position meets the exemptions defined in the Industrial Welfare Commission wage orders.
  • A description of the essential functions of the job. Under state and federal law, employers are required to determine whether a disabled applicant or employee can perform the essential functions of the job. According to the Equal Employment Opportunity Commission (EEOC), the essential functions are the functions that the individual who holds the position must be able to perform unaided or with the assistance of a reasonable accommodation. The inquiry into whether a particular function is essential first focuses on whether the employer actually requires employees in the position to perform the functions. If the individual who holds the position is actually required to perform the function the employer asserts is an essential function, the inquiry will then center around whether removing the function would fundamentally alter that position.

If an applicant or employee requires an accommodation to perform the job, an accurate job description will make it easier to determine which functions may be modified or restructured as a reasonable accommodation.

In order to determine which job functions are essential, examine the frequency with which each job function is performed, the amount of time spent on each function, and the consequences if the function is not performed. A job function may be considered essential for additional reasons, including but not limited to the following:

  • Removing the function would fundamentally change the job;
  • The job exists to perform the function;
  • Someone else is available to perform the function;
  • The job function requires a high level of expertise;
  • The experience of previous or current employees in the job;

Some other factors the EEOC examines to determine whether or not a particular job function is essential include:

  • The employer’s judgment as to which functions are essential;
  • The availability of others in the department to fill in for the person who performs that function;
  • Written job descriptions prepared before advertising or interviewing applicants for the job; and
  • The work experience of current or past employees in the job.
Finally, it is a good idea to review the revised job description with each employee in that job, and to date and sign the job description.
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