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"That's
Not My Job"
Job
Descriptions and Their Importance for
Employers
By
Jeffrey L. Malek, Esq.
Malek
& Malek
Employment
Practices Lawyers
jmalek@maleklaw.com
Many employers
confuse or misunderstand the use and purpose of job
descriptions. They follow the 1950s notion that
employees will limit their work to the very specific
duties contained in the job description. In years
past the job description was used merely as an
introduction to the duties of employees, a sort of
window dressing, with little content or
purpose.
Today job
descriptions can be used to:
- Form the basis
of safety training
- Provide for the
defense of discrimination claims
- Aid in the
interpretation of ADA
claims
- Assist in
workers' compensation claims.
How can job
descriptions do so much? The answer lies in the
content of the written description.
In the past the
notion of a job description was little more than the
notice needed to advertise a position in the want
ads. For example, the duties of a machine operator
were typically described to operate machinery; or the
duties of a tool and die maker was merely that, to make
tools and dies, without regard to any of the specifics
of the job. The duties of a secretary were
to type and file, and do general office work. The
descriptions were broad, general and generally
worthless. Managers did not want detailed job
descriptions because it could be used against them,
employees could refuse to perform any task not
specifically written down.
The absence of job
descriptions, however, leaves employers open to risks
far beyond an employee who only wants to perform to the
letter of the job description, such as workers'
compensation claims and discrimination claims.
Unless the employee is subject to a collective
bargaining agreement or is not an at will employee, job
descriptions help in several ways.
With a detail
worded job description, an employer can design a safety
training course that will satisfy Title 8 requirements,
as well as offer sufficient details to allow a physician
to conduct a post offer/pre-employment physical
examination or post accident physical. Without
such a job description, there are not enough specifics
which can assist either the physician or the trainer in
their tasks. For example the operation of a
specific machine may require not only math skills to set
up a computer operated gauge, but the need to use two
hands and lift a certain amount of weight several times
a day. From such a description a physician can
design a stress test to test the ability to lift certain
weight. Thus the employer can avoid a workers'
compensation claim if the employee or applicant cannot
safety lift the weight; and the trainer can design a
program for training that can be both tested and
monitored.
Such descriptions
should contain the Essential Job Functions as defined by
the ADA, so that applicants
and injured workers alike may rely upon the written
descriptions. Employers will also be able to use
such descriptions when an applicant is refused
employment for failure to meet the written job
description, or an injured employee demands a return to
a job that clearly is beyond their physical
limitations. Without these job descriptions the
employer is merely setting the stage for an argument
that often can lead to litigation. The written
description with sufficient legal specificity can be
used to avoid such claims or as a defense if claims are
made.
So when an
applicant is denied employment or a returning employee
claims that they can do the job, the job description can
be used to determine if the individual can indeed
perform the essential functions of the
job.
Jeff
Malek has been litigating matters on behalf of employers
for over 20 years. He has HR professionals
on staff that, with his oversight, assists employers on
various HR and personnel matters, and act as an
outsourced HR department. The writing of Job
Descriptions is just one type of service that Malek
& Malek provides. Jeff is an adjunct professor
at UCLA, UCI and CSUDH teaching OSHA defense, Labor and
Ethics. He is a Registered Safety Security
Professional and two time president past of the
California Society of Safety and Security
Professionals.
He
may be reached at 310-540-5100. | 
