Protect your business with this
often overlooked best practice
Job Descriptions - From Recruitment To Retention
Job descriptions are an integral part of your business running smoothly. From bringing in new recruits to retaining them, you need to accurately paint a picture of an employees responsibilities.
If you're writing a job description right now for the first time for your existing employees, the information on this page is equally as valuable for you. It is crucial for the sake of transparency and compliance that your future and current employees understand their role in the company. Making sure your job description is EEOC compliant for each position you have in the company is difficult but critical. Why?
A job description, in the simplest terms, would be what you give your employee when they’re interviewing or starting with the company. You’re giving them the detailed list of their essential duties inside your organization.
Are You Going To Choose
To Protect Your Livelihood?
Over the last decade, lawsuits concerning the ADA and EEOC have been on a steep incline. Increasing by the thousands year over year because of changing government regulations, and businesses failing to keep up. This was predicted to happen under the ADA Amendments act of 2008, and that prediction has clearly become a reality.
Despite these amendments being in place for over a decade, we still see many disconnects in the employer/employee relationship. One large factor in the disconnect is the creation, enforcement, and retention of an adequate job description for employees to understand their duties.
How You Can Create Your Own Job Description
Analyze the position
Since you may not have ever been assigned a specific position in the company, it is important to understand all aspects of it. Just make sure everything is EEOC compliant when you do.
The job analysis may include:
- Job responsibilities of current employees.
- Internet research and sample job descriptions highlighting similar jobs.
- An analysis of the work duties, tasks, and responsibilities that need to be accomplished by the employee filling the position.
- Research and sharing with other companies that have similar jobs.
- Articulation of the most important outcomes or contributions needed from the position.
The more info you can find, the better the results. Being overly-detailed in the recruitment process, can be detrimental. However, being thorough in your full expectations can save you from possible legal troubles down the line.
Your next step is to write out your new job description. If this is for recruitment purposes, then include the following:
- Overall position description with general areas of responsibility listed.
- Essential functions of the job described with a couple of examples of each. (I.E. physical requirements)
- Required knowledge, skills, education, and experience.
- Description of the work environment.
- Potential Salary & Benefits Information.
Staying Legally Compliant With Your Job Descriptions
The "Overlooked" part of writing job descriptions, like we touched on before, is the compliance end of things. What does it mean to be compliant?
Many times, when you see a posting for a job, you'll see what the employer wants in an employee. That seems like a no-brainer. The issue is what they want and what they're legally allowed to ask for are two different things.
You cannot hire a room exclusively full of men that look like defensive linemen to work in your warehouse. Because there are EEOC regulations that prohibit these types of actions being taken.
When you're choosing your verbiage, you need to understand that basically anyone needs to be able to fairly apply & potentially get the job. If you can accommodate someone that falls under ADA protection, you need to consider them for a position in your company.
That said, adding too much or too little information to your job descriptions can get ticky-tacky and cause you problems.
Are Job Descriptions Legally Required?
In a court of law, you need hard facts and data to back up a claim against you for having discriminated against your employees. And if the numbers are anything to go on, most employers do not adhere to that sentiment.
This idea isn’t limited to publicly traded companies or to small town operations. It doesn’t matter if you live in a right-to-work or an at-will state. ADA, EEOC, and ADEA policies apply to every business in America.
The Crazy Part
The crazy part is that despite that, having a job description for your business is NOT mandated by any federal law. And because it’s not mandatory, many businesses don’t keep them on record. It’s hard enough to keep up with the things that ARE mandatory!
In practice, a job description should not be used as a dismissal tool when interviewing potential employees that you feel may fall under EEOC protection. Rather, it is an agreement of responsibility on that prospects end.
Simply put, you cannot ask a potential candidate if they have a disability making them unable to meet these requirements. Rather, upon being presented the job description & requirements, a prospect should inform you of their inability to preform certain tasks. If then, you can find a solution to reasonably accommodate that prospect, you should not dismiss them as a candidate for the position.
The failing on their part to preform after agreeing to be able to do the assigned task is where your side of the “hard facts and data” come in. Can you prove that you tried to accommodate an employee? Can you prove that you hired a different candidate because they were more qualified and not because of the other candidate’s disability? It isn’t on the accuser to prove your guilt. It is up to you, the employer, to prove your innocence.
Hard Facts & Data
Your responsibility as the employer is to be consistent and fair in all aspects of the employee experience. Failing to do so leaves you open to litigation that can costs tens of thousands of dollars, and possibly even more.
What happens When You Drop The Ball?
Recently, retail giant Walmart was hit with a legal case citing they were showing men preference over women in managerial promotions. You wouldn’t think a large company with an abundance of resources would make that kind of mistake, but anything can happen to anyone, and that’s why you need your hard facts and data kept well organized. When preventable situations turn into monetary loss for a company, it’s a huge upset.
Granted, a million-dollar settlement for a company like Walmart isn’t going to kill their bottom line. However, for most of us, we don’t have those kinds of resources.
Would a hundred-thousand-dollar lawsuit take down your company?
What about just the national average forty-thousand-dollar settlement?
Simple Solutions to Complex Problems
There’s so much to consider when managing your business, it can be overwhelming. So as a solution, over at BeAuditSecure we’ve taken the initiative to help your business stay compliant. To stay ahead of what is legally required so that you can prevent anything that might get thrown your way.
We’ve put together a comprehensive and easily edited Job Description Writer that you can use while recruiting new people, and in the interview and hiring process. More importantly, you can use it to set proper expectations for current employees, or to change the expectations of a position while being transparent with your workers about the changes.
What You Get
What Customers Are Saying
About Our Solutions
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There are well over a 5 thousand job titles to search from in multiple categories like medical, legal, labor, food industry and more.
Don’t roll the dice on doing the bare minimum expected from the EEOC.
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What File Types can I download?
Documents can be downloaded in either DocX or PDF formats.
Is there a limit to how many documents I can download?
Absolutely not! As long as you maintain an active membership, you'll have full access to the site as much as you'd like.
How does billing work?
Billing is done annually, and we will remind you when it's time to renew.
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