Job Analysis and Job Descriptions

JOB DESCRIPTIONS AND THE LAW

Job descriptions are not legally required within the United States. While there is no U.S. federal or state law that requires job descriptions, up-to-date, well-written job descriptions are important in the effective management of a company. Job descriptions can be used in court cases trying claims involving employment, compensation, promotion, discipline, or termination. Accurate essential function statements can also be valuable in determining a job’s exemption status and in the assessment of reasonable accommodations under ADA and FMLA. Well-written job descriptions are valuable for SOX and immigration compliance.

State and Federal Exemption Requirements - A written job description is not enough to satisfy overtime exemption requirements, but an accurate list of essential functions can go a long way in confirming an employee's exemption status.

Americans with Disabilities Act (ADA) - The ADA does not require an employer to develop or maintain job descriptions. The ADA states, "A job description will be most helpful if it focuses on the results or outcome of a job function, not solely on the way it is customarily performed. A reasonable accommodation may enable a person with a disability to accomplish a job function in a manner that is different from the way an employee who is not disabled may accomplish the same function."

Federal and State Discrimination Law - A well-written job description can help organizations defend against employment, compensation, promotion, discipline, or termination legal challenges.

Family and Medical Leave Act (FMLA) - A complete and accurate list of essential functions will assist a health care provider to render an informed opinion on an employee's ability to perform one or more of the job's essential functions.

SOX - Job descriptions, including essential functions, will help with SOX compliance.

Immigration - The labor certification process requires an employer to describe the minimum requirements of the job so the typical job description will usually need to be rewritten, but it is a good place to start. The job description must meet the certification guidelines. Aside from the minimum requirements of the job, the employer cannot tailor a job description to foreign worker hires.

Conducting job analysis properly is especially important to your organization when it comes to meeting the requirements of equal pay and preventing compensation discrimination.

Facts About Equal Pay and Compensation Discrimination

The right of employees to be free from discrimination in their compensation is protected under several federal laws, including the following enforced by the U.S. Equal Employment Opportunity Commission: the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 the Age Discrimination in Employment Act of 1967 (ADEA) and Title I of the Americans with Disabilities Act of 1990

The law against compensation discrimination includes all payments made to or on behalf of employees as remuneration for employment. All forms of compensation are covered, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.