Job Descriptions…CYA (Cover Your Assets!)
Everyone hates job descriptions except lawyers, compliance auditors, problem employees, and this compensation analyst. Even though you might hate them, I will tell you why you must have complete, accurate, legally compliant job descriptions to CYA (Cover Your Assets).
The Top 5 Reasons You Need Great Job Descriptions
1. Lawsuits
2. Internal equity
3. Employee satisfaction
4. External competitiveness
5. Lawsuits
In tumultuous economic times, when layoffs may be impending, you can end up with disgruntled employees. Disgruntled employees can easily find lawyers willing to sue employers. And if they can tack on a DOL or EEO backing to the lawsuit, it can become costly. The money you thought you would save by eliminating payroll costs is now out the window in lawsuits.
Internal Equity
A well-written job description can facilitate the correct slotting of jobs into an internal hierarchy, allowing employees to know where they stand in the overall picture and the growth path.
Employee Satisfaction
Job descriptions let employees know what is expected of them to meet or exceed expectations in each job. Ambiguity can lead to employee dissatisfaction.
Dissatisfied employees might choose to leave. Or they might decide to sue. Or they might choose to do both. It’s a vicious cycle.
External Competitiveness
Additionally, job descriptions are essential to understanding the external value of a job. With instant access to information, an employee can search out what competitors are paying for jobs and what the company across the street is paying for “the same job.”
But what if it isn’t really the same job? With an accurate job description, you can easily show the employee the differences between the market job and the internal job and what they might need to do to grow into the position.
Or you may discover that you need to pay your employees more competitively.
The More You Know
Did you know that in 1971 the United States Supreme Court ruled that a high school diploma requirement for employment was discriminatory because it had a disparate impact on a protected class? (Griggs v. Duke Power Co., 401 U.S. 424 (1971).)
This is a decision that the courts and the EEOC have repeatedly enforced. Additionally, in 2003, the EEOC filed a lawsuit against an employer, arguing that the requirement for a high school diploma was discriminatory against people with learning disabilities. That employer settled.
Can You Prove It?
There is really no way that a company can PROVE that a job would require a person to have a high school diploma or any diploma to fulfill a business necessity. This excludes the positions already regulated and determined to need specific education or licensure – mostly jobs in fields of science or learning, such as lawyers, doctors, scientists, etc.
So why do companies continue to include this verbiage in job descriptions? Many of them don’t know what they don’t know. And in this litigious society, that could really burn your assets.
Why Does the Job Exist?
Every requirement should match an essential function of the job.
For example, if you have a requirement for a driver’s license, you must have an essential function supporting the need. For example: “Will utilize a company vehicle to transport supplies from the warehouse to the corporate office.”
If you have an essential function that reads: “Must be able to provide own transportation to visit company or client locations.” That would not necessitate a requirement for a driver’s license. Why not? Employees could use Uber, Lyft, or a taxi to where they need to go. Or they could have mom drive them. How they get, there is not up to you to dictate.
The most important thing to determine is why the company needs the job. To do data entry or to fetch coffee. If it is to do data entry, do not include fetching coffee in the essential functions, even if it’s something the current data entry person is doing.
Do You Have to Provide an Accommodation?
Have you ever had an employee request accommodation? A well-written job description will be your support documentation in granting or denying that accommodation. When else are job descriptions valuable? What is another thing that can happen if you deny an accommodation? Lawsuits.
CYA
So, cover your assets and have a professional skilled at writing or reviewing job descriptions take a look at yours.
Contact FutureSense today, and let’s get started!
About FutureSense
FutureSense is a management consulting firm that provides integrated solutions to build and sustain human capital capacity. The firm can work with you by offering support and guidance to manage your workforce. To learn more about FutureSense, please visit FutureSense.com.