Writing Job Descriptions That Are Legally Compliant and Effective

Why Job Descriptions Matter Legally

A well-written job description is not just a recruiting tool — it is a legal document that can protect or expose your organization. Under the Americans with Disabilities Act (ADA), a written job description prepared before advertising or interviewing is considered evidence of the essential functions of the position. It is also a key reference point for FLSA exemption determinations, performance management, and workers' compensation claims.

Defining Essential Functions

Essential functions are the fundamental duties of the position — the core reasons the job exists. Under the ADA, you cannot refuse to hire or terminate an individual with a disability who can perform the essential functions of the job with or without reasonable accommodation.

To determine whether a function is essential, consider:

• Does the position exist to perform that function? A proofreader's essential function is reviewing documents for accuracy. If you removed that duty, the job would not exist.
• How many employees are available to perform the function? In a small office, each person may be the only one performing a given task, making each task more likely to be essential.
• How much time is spent performing the function? A function performed frequently is more likely to be essential, though time alone is not determinative. A firefighter may rarely fight fires, but that function is still essential.
• What are the consequences of not performing the function? If failure to perform the function has serious consequences, it is more likely essential.

Structure and Content

A strong job description includes:

Job Title

Use a clear, standard title that accurately reflects the role. Avoid inflated titles that do not match the actual level of responsibility.

Job Summary

A two-to-three sentence overview of the position's purpose and how it fits within the organization.

Essential Functions

List the primary duties, starting with the most important. Use action verbs and be specific about what the employee actually does:

• Instead of: "Responsible for accounting"
• Write: "Prepares monthly financial statements, reconciles general ledger accounts, and processes accounts payable and receivable"

Physical Requirements

Describe the physical demands honestly and specifically. This section is critical for ADA compliance and workers' compensation management. Include:

• Lifting requirements (specify weight and frequency)
• Standing, sitting, or walking requirements
• Fine motor skills, reaching, bending, or climbing
• Visual or auditory requirements
• Exposure to environmental conditions (noise, temperature, chemicals)

State what is required, not who you want. "Must be able to lift 50 pounds occasionally" is appropriate. "Must be young and physically fit" is not.

Minimum Qualifications

List the education, experience, certifications, and skills genuinely required to perform the job. Be careful to distinguish between requirements and preferences. If someone without a college degree could perform the job successfully, listing a degree as a requirement may unnecessarily exclude qualified candidates and could raise disparate impact concerns.

Working Conditions

Describe the work environment, schedule expectations, and travel requirements.

Common Mistakes

Listing every possible task. A job description that lists 40 duties buries the essential functions and becomes useless as a legal document. Focus on the core functions and add a catch-all statement like "performs other duties as assigned."

Using vague language. "Handles customer issues" does not tell anyone what the job actually involves. Specify the type and volume of customer interactions.

Describing the ideal candidate instead of the job. The job description should define what the role requires, not create a portrait of a specific demographic.

Never updating the description. Jobs evolve. Review and update job descriptions at least annually and whenever the role changes significantly.

The Review Process

Before posting, have the job description reviewed by:

1. The hiring manager, to confirm accuracy
2. HR, to verify legal compliance and consistency with other positions
3. A current employee in the role (if applicable), to validate that the description matches reality

Accurate, up-to-date job descriptions are foundational to compliant hiring, effective performance management, and defensible employment decisions.