1. ADA: If an employee files an ADA lawsuit, courts
will review what the organization has identified as the job's "essential
functions" to see if the charges have merit. Absent a written job description, the court
may decide for itself which functions are essential.
2. Titles carry a
great deal of weight in the workplace and in court. Each position's title should match the level
of authority and responsibility. Cross-check it against other titles in the
organization. For example, your
"administrative assistant" would be doing most of the same tasks as
others with that title. Don't upgrade
employees by giving them inflated titles.
You may regret that when they ask for pay raises or refuse to perform
tasks that they consider beneath them.
More importantly, inappropriate titles also factor into discrimination
charges. For example, if your
"director of distribution" is really a shipping clerk, be prepared to
explain why s/he isn't being paid the same as other "directors."
3. Essential
functions/qualifications: The key part
of JD's is an item-by-item list of the job's duties and responsibilities. It is important to identify which are
"essential" job functions are critical to the job's successful
performance. One KEY legal reason? Employees can file ADA lawsuits only if they
can prove they're legally disabled and can still perform the "essential
functions" of the job. If those
"essential" duties aren't detailed in the job description, they're
left open to a court's random interpretation.
4. Results Expected: Duties are half the equation. Include expectations relating to deadlines,
customer service and company success.
Linking responsibilities to company goals helps the employee see how the
position fits into the "big picture."
5. Use Specific and
Clear Language: Instead of a term like
"good communication skills," say the person needs "the ability
to communicate company policies to non-managerial groups in person and in
writing."
6. Avoid gender-based
language, such as "salesman."
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