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January, 2000 Special CSRMA Bulletin Series - "Start to Finish Employee Preventative Maintenance Programs"
Part 1 – Recruiting and Hiring Practices Bulletin 1: Why Are Job Descriptions Important?
Regardless of the size or complexity of an organization, good job descriptions are vital management tools and important documents for many legal reasons. While law does not require them, job descriptions are critical in
supporting practically every employment action (hiring, compensation, promotion, discipline, and termination). What They Do… Ø Job descriptions help employees understand exactly what their jobs require so they can focus their attention on the most important tasks first.Ø Job descriptions give managers the guidelines to hire, promote, and supervise with maximum effectiveness. Ø Employers today must comply with a long and growing list of employment laws and regulations. If an employee or a government agency challenges a hiring or employment decision, one of the most important documents you will be expected to provide is a copy of the job description. Ø The Americans with Disabilities Act (ADA), many state workers' compensation laws, and the Occupational Safety and Health Act (OSHA) have put a new spotlight on not just what people do (the essential job duties) but how they do it (physical demands and work environment). A well written, thorough job description can help you make the critical decisions necessary to comply with these challenges. Ø There are many laws that impact the employer-employee relationship and having job descriptions can help you comply with those regulations. For example, federal laws such as the Fair Labor Standards Act (FLSA) impact almost every employee in the United States. Other laws, such as federal discrimination statutes, prohibit discrimination against various protected classes. Additionally, some states have enacted discrimination laws that protect classes not covered by federal legislation. Ø Because job descriptions document the duties and qualifications of a job, they can help you support why you felt one applicant was qualified and another was not, why you pay one employee more than another, or why you terminated an employee for poor performance. Ø When an employee-employer disagreement cannot be resolved internally, the employee can file a claim with a federal agency such as the Equal Employment Opportunity Commission (EEOC) or the Department of Labor, with a state or local government agency, or go directly to an attorney and the court system. Government regulatory agencies sometimes initiate investigations and audits independent of an individual complaint. Most common are EEOC audits or wage and hour investigations targeting specialized segments of businesses.
But Don't Forget… It is guaranteed that job duties will change over time and an outdated job description is of little benefit to anyone. To guard against your job descriptions becoming out-of-date, take steps (like the ones listed below) to ensure that they stay current and accurate. 1. Include the job information fields Prepared Date and Approved Date on all job descriptions. Every time the job description is revised, change one or both dates. 2. Ask managers to confirm that the job description is up-to-date as part of the performance review process. 3. Ask managers to confirm that the job description is up-to-date before any recruitment or replacement hiring. 4. Review all job descriptions on a set schedule, such as annually. If this is impossible because of the time involved, at least do in-depth spot audits of one section or division. 5. Give all employees a copy of their job descriptions and ask them to give feedback to their managers. Employees often have the most investment in making sure their job description is accurate!
How CSRMA Can Help… To assist you in making sure your job descriptions are up to date and fully compliant with the ADA, CSRMA issued the Job Description Builder in 1999. That version has been revised to include a "soft skills" section that addresses such things as the need for the ability to accept constructive criticism from supervisors, co-workers and subordinate employees. The CSRMA Job Description Builder is worksheet and checklist based for ease of use. All you need do is check all the statements that apply for each category. When completed, either attach the completed worksheets to the completed template, or create your own job description by using the language provided in the worksheets.
For More Information… Ø The CSRMA Resource Library has several copies of the software program "Descriptions Now!" – a quick and easy way to create ADA compliant job descriptions on the computer. This program is available for CSRMA members to check out and use. If you would like to borrow this software, or if you have any additional questions regarding job descriptions or applicable labor laws, please contact David Patzer at (415) 371-5430 or atØ CSRMA Employment Practices
Hotline - The purpose of this hotline is to provide members with immediate telephone consultation on a variety of employment practices issues that may impact the Pooled Liability program such as harassment,
discrimination, and hiring/firing practices. Members are encouraged to have their authorized user's call Fisher & Phillips with EPL related questions. The number to call is (650) 592-6160.
Please Watch for Part 2 of the Special CSRMA Bulletin Series - Interviewing Techniques and Pitfalls
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