Recruitment and Hiring Documents: Job Descriptions and Advertisements

» Articles » Employment & Labor Articles » Article

September 22, 2015

Job Descriptions

Before advertising or recruiting for a position, the employer should develop a comprehensive written job description which outlines all of the duties that are “essential functions” of the job. The written job description should set forth the standards which will enable the employer to make hiring decisions, to perform periodic evaluations, and to make disciplinary decisions including termination.

The employer should not include requirements which are not “job related” and which may exclude from consideration members of legally protected groups. For example, it is probably not advisable to require a four-year college degree for a clerical position, or require physical fitness for a sedentary position. In developing job descriptions, an employer should begin by analyzing the job and interviewing supervisors and hourly employees regarding the specific requirements of the job. Depending upon the job at issue, an employer may want to consult with an occupational, ergonomic and/or functional capacities expert. Once all of this has been completed, the employer should draft a preliminary description for review by human resources, operations managers and, if appropriate, legal counsel. Finally, it is important to note that job descriptions should be reviewed and updated on a regular basis

Job Advertisements

The job advertisement should describe essential functions of the job as set forth in the job description and set forth the qualifications of the job. The job advertisement should state that the employer is an equal opportunity employer, and it should not contain language which could be construed as promising advancement, raises or long term employment to applicants. The employer should avoid language in the advertisement which could be construed as being discriminatory. It is important that an employer adhere to the hiring requirements, as failure to do so often times leads to claims of discrimination.

More Employment & Labor Articles

About the author:
JOEL R. HLAVATY is one of the founding partners of Frantz Ward LLP and previously was an associate and partner with Thompson Hine & Flory LLP. Mr. Hlavaty focuses his practice on the representation of managemen in all phases of labor relations and employment litigation, and regularly appears in federal and state courts and administrative agencies of all jurisdictions on claims arising under federal and state labor and employment laws. Joel graduated from John Carroll University with honors with a double major in philosophy and psychology and a minor in mathematics, and he received his law degree with honors from the University of Akron. Prior to entering private practice, he served as law clerk to the Honorable Alice M. Batchelder on the U.S. Bankruptcy Court and U.S. District Court for the Northern District of Ohio.

The material appearing in this web site is for informational purposes only and is not legal advice. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. The information provided herein is intended only as general information which may or may not reflect the most current developments. Although these materials may be prepared by professionals, they should not be used as a substitute for professional services. If legal or other professional advice is required, the services of a professional should be sought.

The opinions or viewpoints expressed herein do not necessarily reflect those of Lorman Education Services. All materials and content were prepared by persons and/or entities other than Lorman Education Services, and said other persons and/or entities are solely responsible for their content.

Any links to other web sites are not intended to be referrals or endorsements of these sites. The links provided are maintained by the respective organizations, and they are solely responsible for the content of their own sites.