Done right, job descriptions keep managers, supervisors, and employees on track. They can also boost employee morale and create a more motivated workforce. Done wrong, they open employers up to legal liability, confusion, and lower productivity. In a recent BLR webinar,Charlie Plumb outlined some guidance for employers to create effective job descriptions. He also lent his expertise in answering participant questions and several themes emerged. Here are some of the most frequently asked questions on job descriptions.

Effective Job Descriptions: The Importance of Including the Essential Functions

Q. What is the true definition of an ‘essential function’? Most of our jobs have long lists of duties. Do we need to list all of those, or only include a summary?

A. The best way to determine an essential function is to use the EEOC guidelines. Those are the criteria to use when defining what constitutes essential functions versus other job tasks. "If you write every single possible task or function for every job, even those that are minimal and not essential, you devalue and degrade the job description." Plumb advised.

"It’s important to use the guidelines to identify those essential functions – not every single function." When assessing if a task is essential, ask yourself: how important is it? What happens if it isn’t performed? How much time is spent on it? When you’re selecting people, do you take into account whether they can perform that function? (These are the EEOC recommendations to assess whether a function is essential.)

Q. We heard during the webinar that one of the criteria when determining whether a task is "essential" is to assess whether there are consequences if the task is not performed. Do you suggest we include these consequences with the essential function in the job description itself?

A. Whether you’re in a hiring, accommodation, or termination mode, you have to evaluate each individual’s situation (related to the job requirements) on a case-by-case basis. As such, I wouldn’t lock myself into a situation by giving the consequences up front, Plumb advised.

Q. Do you have a suggestion for specific language to use when describing an essential functions involving computer usage? For example, "must enter data via a keyboard 6 to 8 hours a day with breaks and lunch."

A. Whatever the task in question, the best advice is to elicit the description from the people who are actually doing the job. That language should come out as a product of your surveys (as part of the job analysis process) or discussions with employees performing and supervising the job. When you later use that job description to make an employment decision in some capacity, you don’t necessarily want to be using stock language – you want to have the ability to say that you got it from input from actual employees performing the job.

For that reason, I don’t recommend stock language, I recommend using a process of assessing the requirements individually to get an accurate and defendable job description.

Q. Can attendance be included as a requirement?

A. Always include attendance as an essential function. Reliable and dependable attendance.

Q. If it’s an essential function that the employee can perform only with accommodation, can the employer deny based on the fact that it’s an essential function?

A.No. The ADA says, if the applicant or employee has the ability with or without reasonable accommodation to perform the essential functions for which that person is qualified, then that person should not be denied based on the disability.

Effective Job Descriptions: How to Use Generic Templates

Q. Is it OK to use generic job description templates?

A. Generic descriptions you can get through HR groups or commercially should not be used alone. Treat them as a template. View them as the basis for how something should look conceptually, but then add the details that are pertinent to your situation. You add the information you’re gathering from your workforce regarding the specifics that are unique to your job. In other words, the generics are helpful as a starting point but not an ending point.

You’ve still got to do your homework and information gathering and consensus building in your workforce so the end product is something that is very specific to you. That said, you may get further along with your template by starting with industry groups where multiple employers have similar jobs/positions – sometimes sharing that information can be a helpful starting point because there may be more similarities between comparable positions.

Q. What is your position on an organization using customized job descriptions versus generic job summary templates?

A. Always go with customized. Without exception. It’s great to use outside consultants to assist in the process, but make sure that if you’re using people outside your organization that they’re consulting extensively with the people doing the job.

Effective Job Descriptions: What Should Your Disclaimer Say?

Q. You noted that the job description should always include a disclaimer. Can you provide a recommended standard disclaimer?

A. The disclaimer needs to be very simple. It should read along the lines of "please be advised that this is not an exclusive list of duties. You are also responsible for other duties as assigned or as directed." Including this language helps avoid excuses like "that’s not in my job description."

For more information on how to craft effective job descriptions and how ADA regulations can affect your job descriptions, order the webinar recording. To register for a future webinar, visit http://catalog.blr.com/audio.

Attorney Charlie Plumb represents management in all phases of employment law and labor relations and also serves as leader of McAfee & Taft’s Labor & Employment Group.