From the course: Employment Law Essentials for HR Professionals and Managers
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Legal impact on job descriptions
From the course: Employment Law Essentials for HR Professionals and Managers
Legal impact on job descriptions
- [Instructor] Let's talk about the good old job description. Almost everybody has their job description, and you probably do. Interestingly, job descriptions are not required by law. However, job descriptions can affect legal matters, including when hiring. There are three legal areas where job descriptions show up. First is in discrimination claims. Where there are no job descriptions, applicants have room to argue the job requirements change based on who that manager wanted to hire. The good news is, when they're up to date, job descriptions can document the consistent application of job duties across job titles without regard to gender, race, color, religion, national origin, or age. Second, job descriptions come up during the disability-accommodation process. For example, a job applicant will argue they were not hired for employment due to having a disability that was unrelated to an essential job function. When you or HR prepare any job description, you can design that job…
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