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The ever-changing job market requires employers to be tough while making employment decisions. Management is tasked with preparing accurate job descriptions, which requires in-depth job analysis (Caldwell, 2018). The purpose of job analysis is to summarize the tasks, duties, and responsibilities of the job. Additionally, job analysis determines the key functions of a job as required by the laws, especially the American Disability Act (ADA) and the Fair Labor Standards Act (FLSA). Job analysis also examines the work behaviors required to do the job (Smith, 2015). Lastly, the process is necessary for obtaining vital information to accomplish the job, such as skills, expertise, working conditions, experience, and intelligence.
While preparing a legally defensible job description, an employer must follow three important steps. Firstly, the involved individual must conduct a job analysis to collect and analyze information regarding all elements of the employees position. Secondly, the top management has to educate junior staff on the significance of impartiality and accuracy throughout the job analysis process. The education process occurs before the implementation of the job analysis. Lastly, the employer drafts the job description from the data acquired through job analysis (Smith, 2015). The job description describes the essential functions, requirements, physical exertions of the work, and non-essential responsibilities. Everything should be in line with the provisions of the employment laws.
A well-defined job description has immense legal importance for management in any organization. It protects the employer from legal liabilities in case of a lawsuit. An ineffective job description that does not provide the proper essential functions of an employee can land an employer into legal problems. That is why despite being a tough, time-consuming, and demanding task, an employer should conduct job analysis with the seriousness and thoroughness it deserves (Rodriguez et al., 2017). Job descriptions are important in determining an employers position within employment laws, including ADA and FLSA. Therefore, an inaccurate and vague job description is risky for the management as it can lead to legal liabilities.
References
Caldwell, C. (2018). Job analysis: The building block of human resource management. Distinguished Visiting Scholar-Modern College of Business and Science, Muscat, Oman, 3-17. Web.
Rodriguez, J. K., Johnstone, S., & Procter, S. (2017). Regulation of work and employment: advances, tensions, and future directions in research in international and comparative HRM. The International Journal of Human Resource Management, 28(21), 2957-2982. Web.
Smith, K. J. (2015). Conducting thorough job analyses and drafting lawful job descriptions. Employment Relations Today (PDF), 95-99. Web.
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