Ah, job
descriptions. Boring lists of knowledge, skills, abilities,
duties, and education and experience requirements – a description of the “essential
functions” of a job. Not compelling
reading at the best of times, and for many positions, job descriptions quickly
become out of date (or even irrelevant to the actual job) because keeping them
updated falls to the bottom of HR’s to-do list.
When it’s time to recruit, however, everything changes. Recruiters and hiring managers frantically revise
and update job descriptions for use during the recruitment process. Although
it’s natural to wait for a recruiting push, in a perfect world the description
would be updated much more frequently.
It’s always good to keep a job description current and
complete, but remember that a job description isn’t a job ad. Yes, the description sets out all necessary
information to explain a job, but it doesn’t serve the same function as an ad. A job ad is a marketing tool that should
encourage people to apply – in other words, an advertisement.
Just as there are certain things we want to see in your
job descriptions, employment lawyers have a wish list of things they’d like to
see (and not see) in a job ad:
1. Complete and accurate information. Effective marketing is important in job
ads, but ads should never mislead. A
clear summary of the job, presented in a positive and interesting way, should
be the goal of every ad. Overselling can lead to misunderstandings that might
come back to haunt
the employer.
2. Inclusive language. Unconscious
bias is a hot topic right now, as it should be. Job ads can be rife
with unconscious bias that discourages women, applicants of color, and
other diverse candidates from applying for jobs. New tools, including a gender decoder, are available
to help employers reduce the unconscious bias reflected in a job ad (or job
description).
3. ADA compliance. For employers with more than 15 employees
subject to the Americans with Disabilities Act, job ads must either explain the
essential functions of a
position or indicate where applicants can get this information. Essential functions define a job and the
failure to explain them can set an employer up for a lawsuit. If constant lifting of 40-pound boxes is
required, for example, the job ad, or a source of information linked to the job
ad, should clearly say so. Essential requirements should never be hidden from
applicants. In addition, qualified
applicants with disabilities must have an opportunity to request a reasonable
accommodation that will allow them to perform the essential functions of
the job.
4. A way for applicants to learn more. A job ad can be short and colorful, but it should
provide ways for an interested reader to get more information. A link to the
job description, a telephone number to call to reach a recruiter, and an email
address for the hiring manager are good additions to a job ad. Informed applicants are more likely to have
realistic expectations about the job – and about their chances of being hired. Realistic
expectations mean fewer disappointed applicants and fewer opportunities for
candidates to infer unfair treatment or unlawful motives.
As employers
struggle to find good talent, they need to get the attention of the right
candidates. A great job ad can be a
terrific way to do that, but a misleading or non-compliant job ad can create
liability. By having two separate and
carefully prepared job ads and job descriptions, employers can minimize their
legal risks while reaching top candidates and encouraging them to apply.
Posted by Kate Bischoff