In yesterday’s Advisor, we told the story of the job description that lost a lawsuit. Today, we offer more on job descriptions and lawsuit avoidance, and we’ll take a look at a unique collection of job descriptions—already written and ready to use.
Employment laws are numerous, and it’s a challenge for managers to learn them all, says Don Paullin, principal/president of Hiring Firing Experts, Inc. “A simpler way is to work everything you do off of the job description. For legal compliance, simply stay with the job description for your hiring, firing, performance appraisals, raises, and promotions.”
Do You Wonder If What You Are Doing Is Legal?
The good news is you do not have to be a lawyer to figure out what questions are illegal, Paullin says. If you wonder if it is illegal … chances are it is. You will generally stay out of trouble if you just make sure that all your questions are job-related and consistent across the board.
The Uncomplicated Acid Test
There is a long list of areas in which it is illegal for you to ask questions, Paullin says. “Here’s the list of areas in which you can ask questions: job-related. Yes, you have it, a list of one—questions that are job related,” says Paullin. “This is the acid test, and this removes the complication.
“I know somebody will say there are exceptions called bona fide occupational qualifications (BFOQs). My advice is forget them unless you have a bona fide legal defense fund,” Paullin quips.
Set that keyboard aside! Your job descriptions are already written. Click here to see why thousands of managers have a permanent place in their offices for BLR’s classic Job Descriptions Encyclopedia.
Additionally, Attorney Mindy Chapman’s blog, Case in Point, offers these tips for using your job descriptions:
- Never interview without the job description in front of you.
- Make your job description like a grocery list of specific skills you are looking for. Make it detailed. Be sure to describe:
- Physical skills such as lifting, bending, and pulling
- Learned skills such as using specific software programs
- Behavioral skills such as time management skills
- Job duties such as hours, travel, shifts, and overtime
Job descriptions are a never-ending battle for every HR manager. What’s the state of your job descriptions? Complete? Up to date? If not—or if you’ve never even written them—you’re not alone. Thousands of companies fall short in this area.
It’s easy to understand why. Job descriptions are not simple to do—what with updating and management and legal review, especially given the Americans with Disabilities Act’s (ADA) requirement of a split-off of essential functions from other functions in the description. Wouldn’t it be great if your job descriptions were available and already written?
Actually, they are. We have more than 700, ready to go, covering every common position in any organization, from receptionist right up to president. They are in an extremely popular BLR® program called the Job Descriptions Encyclopedia.
First created in the 1980s, the “JDE” has been continually refined and updated over time, with descriptions revised or added each time the law, technology—or the way we do business—changes.
Prewritten job descriptions in the Job Descriptions Encyclopedia now come with pay grades already attached. Click here to try the program at no cost.
Revised for the ADA, Pay Grades Updated
There was a major revision, for example, following the passage of the ADA. In fact, BLR editors reviewed every one of those 700 descriptions to ensure they were ADA-compliant.
Another enhancement was the updating of pay grades for each job. According to our customers, this is an enormous time-saver, enabling them to make compensation decisions even as they define the position. You can see a sample job description from the program by clicking here. (Yes, it is the one for HR Manager. Pay grade: 38.)
The BLR Job Descriptions Encyclopedia also includes an extensive tutorial on setting up a complete job descriptions program, and how to encourage participation from all parts of the organization. That includes top management, the employees, and any union or other collective bargaining entity.
Quarterly Updates, No Additional Cost
Very important these days, quarterly updates are included in the program as a standard feature—key at a time of constantly changing laws and emerging technologies. We’ll send you new or revised descriptions every 90 days. And the cost is extremely reasonable, averaging less than 43 cents per job description … already written, legally reviewed, and ready to adapt or use as is.
You can evaluate BLR’s Job Descriptions Encyclopedia at no cost in your office for up to 30 days. Get more information or order the Job Descriptions Encyclopedia.
Download product sample
Download list of job descriptions included
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