Oregon and Washington, along with a growing number of other states, have recently passed equal pay laws. Oregon`s Equal Pay Act requires employers to pay workers equal pay for work of “comparable character.” When creating your job descriptions, consider similar jobs in your organization so you can easily perform your equal pay analysis. The Oregon Bylaws (SRO 839-008-0010) define work of a comparable nature as “substantially similar knowledge, skills, effort, responsibilities and working conditions.” Job descriptions are important legal and hiring documents that are usually written and forgotten. This article contains important considerations to ensure that your descriptions remain a living and legally sound business tool. By adding a statement of reasonable accommodation to your job descriptions, you can demonstrate your commitment to complying with the job description compliance regulations. (Example: “We are committed to providing persons and persons with disabilities with access, equal opportunities and reasonable accommodation.”) Setting the vacancy status of a position in advance in your job descriptions will bring clarity to job seekers. This also applies to language avoidance, which is usually associated with exempt positions for non-exempt positions and vice versa. Another area of law to consider is the Americans With Disabilities Act (ADA and ADAAA). This legislation also does not require employers to have job descriptions. However, employers who opt for job descriptions will find that the ADA has a significant impact on format and content. Since the ADA`s employment regulations focus on essential duties, the employer must ensure that all essential duties are covered in the job description.

The key word here is “essential,” which I`ll talk about in more detail below. Also, keep in mind that the ADA requires descriptions to list the functions as they are supposed to be performed, not the “usual way” or sometimes even the way they are currently performed (just in case the way this is currently done is not the way to go). You should also use language that is not considered judgment or bias. So you should think about the language in which you formulate the job description. Job descriptions are used for a variety of practical and legal reasons. They help companies ensure that all the necessary tasks that the company needs to perform are assigned to specific, explique-t-USLegal.com employees. Job descriptions help companies create organizational charts and improve workflow within and between departments. Creating an effective and well-written job description helps legally protect an employer. While there are some exceptions to the rule, there are no federal laws regarding written job descriptions.

However, the content of a job description can help an employer comply with U.S. Disability Act and labor and labor laws. Job descriptions can also protect an employer from complaints of wrongful discrimination. Job descriptions also help companies advertise job openings correctly in order to attract the most qualified candidates. Employee job descriptions also help employees understand what they need to do throughout the year and make annual appraisals more fair. Job descriptions can help protect employers from discrimination lawsuits. Allegations of discrimination may be related to the hiring process or situations where a person is fired, transferred to employment, disciplined or paid less than expected. A written job description can help prove that these types of actions were taken because of a person`s inability to perform professional duties. An employer cannot list competencies in a way that appears to discriminate against an employee.

Although you are not required by law to provide job descriptions, you are required by law to comply with labor and employment regulations. Part of your compliance efforts is sending messages, such as the posters you put up for the Occupational Safety and Health Administration. Job descriptions can and should be part of this message. Job descriptions interact with compensation and hours law in complicated ways, as do many other parts of your job as a human resources professional in California.