An important element of the HR system that is often overlooked is having job descriptions in place and using them for hiring, training and employee performance purposes. There are no state or federal requirements that employers must provide a job description. However, from a risk mitigation point of view, they are essential to have and utilize as a best practice.

There are a number of employment and business reasons to have effective job descriptions in place. Before getting into how to write a job description, let’s look at why having effective job descriptions is important and how they can help manage your employment risk.

Attracting and Hiring the Best Employees

Small businesses thrive when they can consistently satisfy their customers’ needs. To do so, small businesses need good workers. When a job posting includes an accurate job description, it provides prospective workers with information that draws them to your company. Clearly defining the tasks, responsibilities, and expectations of the role, as well as the benefits of working for a particular company, gives workers sufficient information before applying. This is important so the potential applicant knows that they are equipped to succeed in the position.

Define and Justify Exempt Status

Misclassification of employee status is a costly mistake for many employers each year. Fines and penalties can include payment of back wages, overtime pay, income taxes and interest on the fines. A well-written job description alone does not determine an employee’s exempt status under wage and hour laws since the actual work performed is the determining factor. However, it can be an invaluable tool in the assessment.

Once defined in the job description, the manager has information to ensure tasks that are assigned align with the exempt nature of the position. This should help to make certain the tasks of the position remain at the exempt level.

Foundation of Performance Management

The goal of a performance management program is to provide a structure for employees to perform at their full potential and allow managers to monitor the employee’s performance. In addition, the manager can help the employee correct unwanted behavior when necessary. The job description is the foundation of an effective performance management program. It allows the employee and manager to have the same understanding of the tasks and standards of performance for the position. It is difficult to hold an employee accountable for not completing a task that they are unaware is a part of their job.

Alternatively, a manager may not recognize when an employee is performing well if they do not have clear measures of success by which to gauge the performance. A job description that includes not only specific tasks, but also quality, quantity, and success factors will provide that the employee and the manager have the same understanding of the job requirements.

Job descriptions can also act as the foundation for employees to identify and create personal goals for advancing in the current position and to consider how they can advance their skills to the next level.

Talent Succession Planning

The job description is the best tool to identify the required skills and performance standards to assume greater responsibility.

The first step in talent succession planning, for your exit goals, to weather employee turnover, or to make sure you have adequate coverage for unplanned leaves or emergencies, is knowing which employees have which responsibilities. The job description provides that needed structure.

Meeting ADA Standards

California and federal laws require employers to provide reasonable accommodations for qualified individuals with permanent or short-term disabilities. The process for determining what accommodations can be provided starts with detailing the essential tasks of a position to be included in the job description.

Additionally, clearly defined tasks can be useful when you need to solicit input from professionals, such as physicians or counselors to determine what job tasks an employee can or cannot perform, with or without accommodation.

Terms of Employment

In the event that you are in a situation where an employee is contesting disciplinary action or termination, the job description is a key element in mitigating the Company’s risk. The job description is an objective document that you can reference as to the standards of the job. When the job description is done correctly, it will also detail what a successful employee performing the job accomplishes.

These are some of the reasons to create, or update, job descriptions for your organization. Next, we’ll go into how to write an effective job description.

The best job descriptions lay out the story of what happens within the position. It tells the candidate or employee what the specific tasks, responsibilities and expectations of the role are. You can share information regarding where the position fits within the company by including language that shows the importance of the position and the value it adds to the organization.

To begin with, address the reader directly by using the personal pronoun you and an active voice. Then build out the job description using the following sections.

Clear Title and Introduction

The introduction may include information about the company. This can be your mission, values, and products. The introduction should include the Scope of the job. The Scope is an explanation of how the job fits into the company, what its main objectives are and the outcomes, when done successfully, that it will achieve. It can include relevant information about the job that isn’t included in the elsewhere in the job description, employee status i.e., exempt or non-exempt, daily schedule, to whom the person would report, if this a remote position or if it requires significant travel.

Essential Tasks and ADA Protections

Make the responsibilities of the role obvious by providing clear and concise statements for each essential task of the position. Start by determining the actual tasks you need completed and how those tasks fit the needs of the company. Limit the list of essential tasks to 10-12.

Employers may not ask candidates if they have a disability but can ask if the candidate can perform the essential tasks, with or without accommodation. A well-crafted job description can also be used to defend against a claim of discrimination. The Equal Employment Opportunity Commission (EEOC) considers written job descriptions as evidence in determining whether an individual has been discriminated against because of their disability or impairment. An employer may present an effective defense against such a claim if they can establish that the disabled candidate, or employee seeking promotion, could not perform one or more essential functions with reasonable accommodation.

Minimum Qualifications: Education, Experience and Skills

This section should include the minimum years of experience, education, degree and/or certification. You can also include specific qualities or competencies in this section.

This section may also include a “preferred” list of qualifications that are not necessary to perform the work but could showcase a candidate.

Remember to ensure the minimum qualifications are reasonable. A salesperson for a financial institution would need an education in business or finance; a salesperson for retail store would not. Make sure all skills listed are job-related to ensure you do not unintentionally discriminate against a protected class.

Physical Demands

It is important to list out the physical demands in this section. Choose wording that conveys the actual physical requirements of the job without limiting the physical demands to certain abilities. This can include anything from the ability to lift a certain amount of weight to the ability to sit, with breaks, for a particular amount of time. This section will also inform the employee and manager whether a reasonable accommodation can be made.

Keep our DIY Checklist for Employers – Job Descriptions close by as you prepare your job descriptions. Remember if you get stuck or overwhelmed, we’re here for you. Just reach out for a FREE 60-minute consultation to ask questions.