Tag: Job Descriptions

Job Description Alert—Disparate Impact Lawsuit Lurking

For a more detailed explanation, we turned to BLR/HRhero’s HR Guide to Employment Law, written in part by Desmond, who is a Partner in the New Orleans, Louisiana office of Jackson Lewis LLP. You could set yourself up for a disparate impact suit, Desmond says, if : Your listed requirements on the job description are […]

Job Descriptions—The Most Common Mistake

They assist you in clarifying what skills or traits you expect an applicant to meet. They help you to defend yourself in court should you be sued over your hiring decision. We found details in BLR/HRhero’s HR Guide to Employment Law, written in part by Desmond, who  is a Partner in the New Orleans, Louisiana […]

Job Descriptions—One Common Mistake

Well-developed written job descriptions are essential to the hiring process, for two reasons, says attorney Susan Fahey Desmond: They assist you in clarifying what skills or traits you expect an applicant to meet They help you to defend yourself in court should you be sued over your hiring decision. We found details in BLR/HRhero’s HR […]

Job Description Danger—Disparate Impact Lawsuit

It doesn’t seem that job descriptions would be lawsuit generators, but poorly written or out-of-date job descriptions can set you up for a nasty disparate impact lawsuit, says attorney Susan Fahey Desmond. For a more detailed explanation, we turned to BLR/HRhero’s HR Guide to Employment Law, written in part by Desmond, who is a Partner […]

Never Put These in a Job Description

Essential job elements … exposure to physical hazards … pay grade … the list of what should be in a job description is long. But what should you keep OUT of job descriptions? Here’s a checklist taken from BLR’s popular Job Descriptions Encyclopedia. How many of these “no-no’s” will you find in your job descriptions? […]

The Five Grand Myths of Essential Functions

It’s time to review those job descriptions again! And as always, the focus is on the essential functions decision. We’ve collected five myths of essential functions to help you with this updating task. So before you start, take a look at our five myths—and then, dive in. The Five Myths of Essential Functions We’ve identified […]

EEOC’s Five Factors for Establishing RFOA

[Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited supervisors’ discretion to assess employees subjectively, particularly where the criteria that the supervisors were asked to evaluate are known to be subject to negative age-based stereotypes. EEOC recognizes that in many cases to it […]

Use Outcome Not Method to Describe Essential Functions

Yesterday’s Advisor covered the two big not-required-but-necessary HR tasks—policies, and job descriptions. Today, specifics on essential functions, plus an introduction to a popular digital collection of pre-written job descriptions. [Go here for yesterday’s tips on job descriptions] Outcomes over Methods Describe an essential function more as an outcome than a method, BLR’s experts say. That […]

401(k) Disclosures: How to Answer Employee Questions

Preparing Staff to Handle Questions/Concerns Preparing staff to handle participant questions and concerns is of paramount importance because ineffective answers can lead to mistrust, morale issues, and compliance scrutiny. It may even lead to legal challenges under ERISA. To avoid these problems, prepare supervisors and staff. Invite your investment advisor or a representative of the […]

Backburner Job Descriptions? Don’t Even Think About It

The California Employment Law Letter (CELL). is written by Mark I. Schickman, and Cathleen S. Yonahara, both attorneys at the law firm of Freeland Cooper & Foreman LLP in San Francisco. Defining Essential Job Functions Most employers use some form of job description, but many are cumbersome documents that have little practical value because they’re […]