Written by Angelina M. Gonzalez from Dickinson Wright on October 21, 2024
Too often, job descriptions remain unchanged for years, merely given a perfunctory review each time an employer needs to hire a new candidate before being quickly rubber-stamped and attached to the job posting. Job descriptions are easy to breeze by when employers conduct compliance reviews – they are not typically legally binding documents and are not a ripe area for new legislation. Yet, our jobs are changing all the time due to advancing technology, different economic forces, new social attitudes, and other market factors. A well-crafted (and recently updated) job description can be a valuable tool in compliance with the Americans with Disabilities Act and other laws and performance management.
First, an accurate job description serves as the perfect guide for HR professionals, managers, and employees to evaluate whether a requested accommodation is reasonable or an undue hardship under the ADA. Suppose a job description clearly sets out which job duties are essential and which are marginal. In that case, it is much easier for an otherwise qualified employee with a disability to identify potential reasonable accommodations that would enable them to perform the essential functions of their job and then, in turn, much easier for HR and management to evaluate whether the proposed accommodations are reasonable. On the other hand, if that employee’s job description has not been meaningfully reviewed in five years and does not actually reflect what the employee does day-to-day, the employee, HR, and management can quickly become embroiled in frustrating debates (and, too often, litigation) about what the essential functions of the job actually are. This is just one example of how a well-drafted job description can reduce conflict and save time and money.
Second, a clear job description can help manage employee and manager expectations with respect to performance, productivity, and advancement. For example, if a job is accurately portrayed in its description, it should be no surprise to an employee that they are not on the path to a director-level position. It should likewise be no surprise to an employee that they are responsible for strategic budgetary decisions and not documenting budget expenses, for example. Done well, a job description is a roadmap for coaching and counseling sessions, disciplinary action, and performance improvement plans.
Finally, a job description is often a valuable exhibit in litigation. Whether it is valuable to the employee or the employer depends on its contents. At minimum, job descriptions should contain an accurate and succinct description of the essential functions of the position, required versus preferred qualifications, certifications, and experience, any physical requirements, and the role’s classification (full-time/part-time, hourly/salary, exempt/non-exempt). A job description should also contain a clear disclaimer that the listed duties and responsibilities are not intended to be comprehensive and are subject to change.
Employer Takeaways: A well-drafted and accurate job description can be a valuable resource during the employment relationship and a valuable exhibit during litigation. Employers can minimize their legal risk – both during and after employment – by taking a close look and revising when needed.
About the Author
Angelina M. Gonzalez focuses her practice on civil and administrative litigation, healthcare matters, cannabis regulation and government contracts. Angelina has represented a variety of clients in highly complex civil and administrative litigation matters, including a stat administrative agency, a private non-profit university, academic health centers, and other corporate clients. Angelina continues to use the experience gained throughout her career to better inform and represent her clients in governmental and civil proceedings. You can access Angelina’s bio here, and contact her via email at AGonzalez@dickinsonwright.com.