Read the article Conducting Thorough Job Analyses and Drafting Lawful Job Descriptions located in the Module Two: HR Planning and Staffing Reading and Resources section.
Use the article to identify the purpose of job analysis (why it is done) and the steps an employer uses to draft a legally defensible job description (how they are done).
Then discuss the legal importance of a well-defined job description, including at least one citation and reference in your initial post and respond to at least two of your classmates’ posts.
Refer to the Discussion Rubric for directions on completing these discussions.
Reply to these peers:
1. This is a favorite subject of mine as I deal with it daily. I have twenty nine full time positions I am responsible for. We generally have two or three positions that turn over per year. Early on I was naive in the process. I knew the overall position description and what the requirement was but paid little attention to the details. Big mistake on my part! It is important to identify the what the job entails so that there is a clear understanding for the potential employee and the hiring authority. Often a small detail on this can make the difference. In addition, the employer understanding the full position requirements helps to better evaluate potential employees to ensure they meet the basic requirements to fill the position. Missing any of the requirements in the position description or not having a full grasp of what is needed can lead to a domino effect that potentially can last for years.
The legality is another animal. Ensuring that your position description is properly written and adhered to after the hire is vital. Its vital for the safety of the employee as well as the potential liability against the employer. As stated by Smith (2015), “To the extent that the job description does not accurately describe the essential functions of an employee’s job, the employer may, among other things, expose itself to legal liability for improper decision making related to accommodations for employees who may be disabled.” A number of things can go wrong if the description is inaccurate. Often companies will send the job descriptions to their legal teams for review prior to posting.
Smith, K. J. (2015, January). Conducting Thorough Job Analyses and Drafting Lawful Job Descriptions. Retrieved from https://eds-a-ebscohost-com.ezproxy.snhu.edu/eds/detail/detail?vid=0&sid=91c70872-6830-4b07-b280-9da4db9fad41@sdc-v-sessmgr01&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ==#anchor=bib14&AN=100696359&db=bsu
2. My perspective on the purpose of a job analysis is to assure you have captured all of the necessary and essential job tasks that pertain to a specific job. It is a written form of articulating the job requirements and responsibilities. It is also equally important to list the expected and required skill set that pertains to the job. Performing an analysis on what the job entails, step by step will allow for the employee to completely understand what the expectation is/are and what their role will be. It also allows the manager to validate if the potential candidate or employee has the skills required.
Drafting a job description can be challenging, but one that is necessary to have it accurately reflect everything it needs and everything it should have (legally) in it. Before the draft is created, there should be an expectation that conversations around what the goals, objectives and main functions of the role is. Specifically addressing the day-to-days core functions. Managers should meet and discuss roles and responsibilities with their Directors or Sr. Leaders so they can throw ideas around and come up with a draft job description. Once they have the core, they can then begin to build and expand on it and get into the granular details and walk through the processes and job functions. This is critical to the employee as this will be the basis for their performance reviews. â€œ A well thought- out job description provides you and the employees who report to you a blueprint for successâ€ (Mader-Clark, 2013)
Job descriptions must also comply with both the State and Federal regulations around the Fair Labor Standards Act (FLSA) laws. Job descriptions should be re-evaluated annually and revised based on the current employeeâ€s role and responsibilities. If they change, their job description must too. Otherwise, it could be non compliant which could put the management and employer in trouble.
Mader-Clark, M (2013). The job description handbook. Berkeley, CA: Nolo.doi 2012038392
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