When Texas employers are writing job descriptions with plans of hiring new employees, it is critical to think carefully about how to craft the job description. You will need to consider various issues, including the best way to advertise the positions you are hiring for, as well as how to write job descriptions that keep you in compliance with state and federal law. Employers can face discrimination claims based on language in job descriptions, even before they begin the actual hiring process. In addition, you will want to be clear about the distinctions between a job advertisement and a job description since these are usually two different documents.
Understand What is Involved in a Job Description
A job advertisement might list the specific title of the job and encourage potential applicants to apply, whereas a job description provides detailed information about the type of work required for a particular position. A job description should, in theory, provide potential job applicants with sufficient information to determine whether they meet any requirements for the position and whether their skills will allow them to perform the job.
What You Should Include in a Job Description
What should your business put into a job description for a position for which you are hiring? The following are general best practices for the content of an effective job description:
- Title of the job or position and a summary of the job (including where the position will be based, whether the position is for a permanent or contract job, whether the position is part-time or full-time, and whether the job can be performed remotely or in a hybrid capacity)
- Primary purpose of the position and what role the new hire will be filling within the company
- Information about your business, including the mission of your company and any relevant values
- Benefits associated with the position
- Responsibilities of the person in the new position, in specific detail, including requirements about in-office vs. remote
- Requirements and preferred qualifications of the new hire (including any needed education/training, skills that are required/desired, and required or preferred years of experience in a particular area or field)
What Should Be Avoided in Job Descriptions
A job description must avoid any kind of language that could be construed as a violation of existing state or federal wage and hour laws or anti-discrimination laws.
In addition, your job description should avoid any language that could be construed as discriminatory. Your business must be in compliance with Texas state laws, as well as federal laws, that protect job applicants and employees from discrimination. Some of those laws include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Fair Labor Standards Act (FLSA). For example, the qualifications you list for a position cannot say that the new hire must be a particular gender or that the applicant must not have any disabilities that will require accommodations.
Contact Our Frisco Employment Law Attorneys
Are you staffing a new business with new employees? Or are you hiring additional workers for your existing business, for new or existing positions? Consider consulting with an experienced Frisco employment law attorney to ensure your job descriptions and job advertisements do not put you at risk of violation of federal or state employment laws. Contact Simon Paschal PLLC today to learn more about the services our firm provides or for a consultation with one of our Frisco employment law attorneys who can speak with you about best practices for hiring employees for new businesses or crafting job ads as your business grows.
