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.
Classmates’ posts 1
· Torrie Wilhelm posted May 11, 2020 2:18 PM
The basis for conducting a thorough job analysis is not only to give a real and honest overview of the job openings but it is also to draw the best candidate to apply for the vacancies. The legal aspect of a good detailed job description is to make it very public of the requirements of the job such as a Bachelor’s degree required or must have CPA licensure. The job description needs to be very detailed and accurate to not underestimate the duties of the job, furthermore, a job analysis is an effective method to determine essential functions. One way that employer covers themselves by asking employees to do additional tasks possibly outside of there job duties is my listing” other duties as assigned in the description.”
I know in my own current role what I do on a daily basis is nowhere close to how it translates on paper. This does not make the analysis of my job incorrect but I do think it makes it undervalued. I believe this is an opportunity where employee input would be beneficial in rewriting the job analysis and perhaps there would be less turnover.
Classmates’ posts 2
· Adrian Delarazan posted May 11, 2020 12:58 PM
The purpose of a job analysis is to determine the function of a position and the duties and responsibilities that comes with the job. In order for an employer to write a job description effectively and with all of the necessary information for job seekers, it must examine the actual role through job analysis. Having an accurate job description is also mandatory to comply with legal requirements. This legal requirement includes the FLSA, ADA, FMLA, and Federal and State Discrimination laws (Muskovitz, 2011).
The first step an employer should use to draft a legally defensible job description is the job analysis. The employer must be able to establish the roles and expectations of the job. The job description can then be accurately be represented. The employer should have the title and rank, essential functions, job requirements, any physical exertions, and nonessential tasks or responsibilities listed in the job description (Smith, 2015).
A well-defined job description has legal importance as it helps defends against legal claims because it can be used as evidence for compliance and other legal requirements (Smith, 2015). For example, a job description can be used to help confirm an employee’s exempt status of the job as required by the FLSA and determined by their duties (Muskovitz, 2011). Another example is through compliance with ADA. If an employer does not list any known physical or mental requirements in their job description and expects their employees to perform such requirements without accommodation, they are in violation of the ADA (Muskovitz, 2011). A vague and inaccurate job description is a huge risk for employers and could result in them facing legal trouble.