In small businesses, employees are often asked to multitask and do work that the owner may not have expected. Therefore, there are no written job descriptions for employees or very vague descriptions. Small businesses should take the same care as any other employer when creating legal job descriptions, especially since these businesses may not have enough money to pay state and federal fines or postpone prosecutions. For businesses with 15 or more employees that are subject to CRA 1866, section 1981 is intended to ensure equality in employment contracts. Obviously, the requirements or suggestions in job descriptions that candidates have a certain race are a complete and complete non-no. Removing race statements from your job descriptions not only contributes to compliance, but also to inclusion. You want to be sure that you are committed to both. Job descriptions also help companies advertise positions correctly in order to attract the most qualified candidates. Employee job descriptions also help employees understand what they need to do throughout the year and make annual reviews fairer. If a job requires specific certification, such as a commercial driver`s license, diploma, or job title, include it in a job description.
If a negative drug test is required before starting or continuing work, this must be indicated in the job description. Some employment experts recommend leaving job descriptions less detailed, but using a phrase like “. And other duties as needed or assigned” to reduce your legal risk while increasing your ability to assign work to specific employees. Many companies add a disclaimer for the job description, which states that the items listed are not the only job requirements. Job descriptions for large companies often have similar requirements to government agencies when creating job descriptions. These rules are introduced by lawyers to protect the company from discrimination lawsuits. They can also help prevent the perception of bias among employees, as all employees must follow some of the same guidelines. Sometimes job descriptions can be useful when an employee and their health care provider need to discuss returning to work after an illness or injury. A health care provider should review a job description when proposing a plan for an employee`s return to work. Sigel explains, “If an employee has an illness or injury that makes them unemployed, a job description may be provided to the employee`s health care provider to help them understand the employee`s specific duties so that suitability to return to work and possible restrictions/accommodations can be determined.
In short, a well-designed job description can be extremely important and useful for both the employee and the employer. “Job descriptions are a great place to convey your company`s commitment to the Job Description Compliance Act and help your case in case of disagreement. They`re also a great place to clarify job seekers` positions and highlight your company`s commitment to inclusion. Vague, inaccurate or incomplete job descriptions will cause you to stumble, Kennedy says. Oregon and Washington have recently passed equal pay laws, along with a growing number of other states. Oregon`s Equal Pay Act requires employers to pay workers the same wage for work of a “comparable nature.” When writing your job descriptions, consider which positions in your organization are comparable so you can easily perform your equal pay analysis. The Oregon By-law (SRO 839-008-0010) defines work of a comparable nature as “substantially similar knowledge, skills, effort, responsibilities and working conditions.” Job descriptions are used for a variety of practical and legal reasons. They help companies ensure that all the necessary tasks that the company needs to perform are assigned to specific employees, USLegal.com explains. Job descriptions help companies create organizational charts and improve workflow within and between departments. Another area of the law to consider is that of the Americans With Disabilities Act (ADA and ADAAA). This law also does NOT require employers to have job descriptions. However, employers who opt for job descriptions will find that the ADA has a significant impact on format and content.
Since the ADA`s employment regulations emphasize essential functions, the employer must ensure that all essential functions are covered in the job description.