When you write a job description that follows employment laws, you protect your company from costly legal headaches and attract better candidates.
Too many employers slip up and include language that breaks federal or state rules.
That can lead to discrimination lawsuits or compliance problems.
A legally compliant job description sticks to the essential job functions, uses neutral language, and avoids terms that might exclude protected groups. Companies open themselves up to risk when job postings mention age preferences, unnecessary physical demands, or language that pushes certain groups away.
If you understand the legal requirements for job descriptions, you can write postings that stay compliant and help you find good employees.
The trick is balancing legal protection with clear, honest communication about what you expect.
Key Takeaways
- Keep job descriptions focused on essential functions, and skip language that could break employment laws.
- Use neutral, inclusive language so all qualified candidates feel welcome, no matter their background.
- Check job postings often to make sure they follow current laws and match the real job.
Legal Foundations for Writing Job Descriptions
Federal and state employment laws create rules about how you write job descriptions.
These laws protect candidates from discrimination and make sure everyone gets a fair shot at jobs.
Essential Employment Laws Impacting Job Descriptions
Title VII of the Civil Rights Act of 1964 says you can’t write job descriptions that discriminate based on race, color, religion, sex, or national origin.
You can only mention these if they’re a true job requirement.
The Americans with Disabilities Act (ADA) asks you to focus on what the job actually requires, not how someone does the tasks.
Separate essential from non-essential duties in your descriptions.
The Age Discrimination in Employment Act (ADEA) stops you from putting age-based requirements for workers over 40.
Phrases like “recent graduate” or “digital native” can hint at age bias, so skip them.
The Equal Pay Act expects you to pay jobs with equal skill and responsibility the same.
Make sure your job descriptions match the real work.
State and local laws might add extra protections.
Some places ban discrimination based on sexual orientation, gender identity, or even bans on asking about salary history.
Avoiding Discriminatory Language and Requirements
Watch out for coded language that could keep protected groups out.
Words like “young,” “energetic,” or “culture fit” can look like red flags.
Some terms to avoid:
- Age-related: “recent graduate,” “digital native,” “mature”
- Gender-coded: “aggressive,” “nurturing,” “strong”
- Cultural bias: “culture fit,” “team player,” “family-oriented”
Stick to job-related skills and qualifications.
Swap out vague traits for clear, measurable requirements.
Physical requirements should connect directly to the job.
Don’t say “ability to lift 50 pounds” unless that’s really part of the work.
Education requirements need to fit the job.
If experience can work instead of a degree, say so.
Criminal background restrictions have to follow EEOC guidelines.
You can’t just rule out everyone with a record unless the conviction is relevant to the job responsibilities.
Accessibility and Inclusion Considerations
Write job descriptions that invite candidates with disabilities to apply.
Focus on what needs to get done, not how someone does it.
Make sure you clearly separate essential from non-essential job functions.
Essential functions are core duties that can’t be assigned to others.
Think about reasonable accommodations when listing job requirements.
Instead of “must be able to stand for 8 hours,” try “must be able to perform duties that may require extended periods of standing.”
Only mention sensory requirements like vision or hearing if the job really needs them for safety or core functions.
Check for technology accessibility too.
If assistive devices work, don’t lock yourself into one type of software.
Stick to plain language so candidates from all backgrounds can understand.
Use short sentences and common words.
Best Practices for Ensuring Legal Compliance
If you want legally compliant job descriptions, you need to focus on clearly defining essential functions, handling background check disclosures the right way, knowing state and local laws, and keeping your documentation consistent.
These steps protect your organization and keep your hiring fair.
Accurately Defining Job Duties and Requirements
Separate essential job functions from non-essential tasks in your descriptions.
Essential functions are the main duties employees have to do, with or without reasonable accommodation.
Essential vs.
Non-Essential Functions:
- Essential: Takes up most of the employee’s time
- Essential: Can’t be given to someone else
- Non-essential: Others can do these, or you can drop them
Use language like “must be able to” for essential functions.
For non-essential tasks, say “may be required to.” This helps you defend your hiring and accommodation decisions.
Physical and Mental Requirements: Only list physical demands that matter for the job.
Skip “must be physically fit.” Say exactly what’s needed, like “must lift 50 pounds” or “must stand for 8 hours.”
Add cognitive requirements if they matter.
For example, “must analyze complex data” or “must make quick decisions under pressure.”
Handling Background Checks and Authorization Disclosures
If your job needs background checks, you have to follow certain steps.
Laws control how you collect and use this info.
Required Disclosures:
- Say if background checks are part of the process
- List the types (criminal, credit, driving record)
- Add Fair Credit Reporting Act (FCRA) info if needed
- Note that offers might depend on background check results
Timing Considerations: Some states don’t let you ask about criminal history right away. “Ban the box” laws mean you can’t ask on the first application.
You can’t just disqualify someone because of a record.
You need to look at the offense, how long ago it happened, and if it matters for the job.
Authorization Language: Ask for clear consent for background checks.
Say what info you’ll collect and why.
This keeps you legal and protects candidate privacy.
State and Local Law Variations
Employment laws change a lot depending on where you are.
Always check local rules before posting jobs in new places.
Salary Disclosure Requirements: Some states, like Colorado, New York, California, and Washington, make you put salary ranges in postings.
Look up the latest rules for each location.
Protected Class Variations: States can protect things like political views, marital status, or sexual orientation.
Know which groups are protected wherever you’re hiring.
Language Requirements: Don’t require English fluency unless it’s needed for the job.
Some states have rules about language in job descriptions.
Benefits Disclosure: Certain places want you to list benefits or leave policies in job postings.
Make sure you know the local requirements.
Maintaining Documentation and Consistency
Consistent documentation helps protect your company and keeps hiring fair across all jobs.
Documentation Standards:
- Keep records of all job description changes
- Write down the business reason for each requirement
- Save examples of similar jobs for comparison
- Keep notes about accommodation talks
Review Process: Set up a regular schedule to review job descriptions.
Update them when duties change or laws shift. Ensuring I&D success while staying legally compliant means you need to pay attention to both inclusion and legal rules.
Consistency Across Roles: Use the same kind of language and formatting for similar jobs.
This stops claims of unfair treatment.
Apply requirements fairly across job families.
If you need a degree for one job, make sure that’s true for similar roles, or be ready to explain why it’s different.
Frequently Asked Questions
Job description compliance means picking your words carefully and using the right structure to meet federal rules.
Knowing about ADA requirements, equal opportunity laws, and wage classifications can save you from legal trouble.
What essential elements must be included in a job description to ensure it is ADA compliant?
List the essential job functions that you can’t remove or change without changing what the job is.
Keep these separate from smaller tasks that someone else could do.
Add physical requirements with real details, like “lift up to 25 pounds” instead of just “heavy lifting.”
Include reasonable accommodation language.
Say you’ll consider changes for qualified candidates with disabilities.
This shows your commitment to ADA compliance.
How can one ensure that job descriptions adhere to equal employment opportunity laws?
Stick to job-related qualifications and skills, not personal traits.
Requirements should tie directly to the job’s main duties.
Use gender-neutral language everywhere.
Swap “salesman” for “sales representative,” and don’t use pronouns that assume gender.
Only require a college degree if the job really needs it.
If not, you could be creating barriers for some groups.
What language should be avoided in job descriptions to prevent discrimination claims?
Skip age-related phrases like “energetic,” “young,” “recent graduate,” or “digital native.” These can hint that you want only younger workers.
Only mention looks if it’s an essential job function.
Words like “attractive,” “professional appearance,” or “well-groomed” can cause issues.
Don’t use cultural references, slang, or inside jokes that could leave people out.
Keep it professional and easy to understand.
In what ways can a job description unintentionally violate employment laws, and how can this be avoided?
If you list broad duties, you might misclassify employees as exempt when they should get overtime.
Be specific about what the job really involves.
Unnecessary qualifications can block protected groups.
Make sure every requirement has a real business reason.
Vague physical requirements can leave out people with disabilities.
Use clear, measurable criteria that actually matter for the job.
How does the Fair Labor Standards Act (FLSA) affect the language used in job descriptions?
Your job descriptions need to match the real work to decide if a job is exempt or non-exempt.
If you exaggerate duties, you risk wage and overtime problems.
Use clear language about authority and supervision.
Words like “manages,” “supervises,” and “directs” have specific meanings under FLSA.
Only list duties that employees actually do regularly.
Courts look at the real work, not just what’s written down, when deciding if you’re following FLSA rules.
Which best practices should be followed when writing job descriptions to ensure compliance with employment laws?
Check job descriptions every year so they actually reflect what people do and meet current legal standards. Professional employer organizations can help with compliance reviews and updates if you want some backup.
Stick to clear language that spells out the real skills and qualifications needed for the job.
Make sure each requirement ties directly to what the job really needs.
Add standard equal opportunity language and mention reasonable accommodations.
That shows you care about fair hiring and following the law, which honestly, everyone should.