NT Lakis is pleased to announce that our staff has created a new a series of compliance-oriented guides focused on the topic of job descriptions. Part I of our new series reviews the basic elements of a job description and tees up some of the practical compliance issues that can arise in drafting, reviewing, and updating job descriptions.
We recognize that there is no obligation for an employer to have job descriptions, no rules regulating their use, and no restrictions or limitations on their content. Yet, the job description is often the first item government compliance officers will ask for in assessing claims related to whether two employees are similarly situated, whether a particular job requirement is producing disparate impact, or where there is a request for reasonable accommodation.
Indeed, an accurate, well-written, and up-to-date job description can be critical in defending an employer against discrimination claims arising under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), Executive Order 11246, and other federal and state fair employment laws.
Future guides in our series will examine the differences between basic, minimum, and preferred qualifications, identifying essential functions under the ADA, and the role job descriptions can play in evaluating and defending compensation discrimination claims.
Members of the Equal Employment Advisory Council (EEAC) can read more here.