Before beginning the employment application and hiring process and before an employer advertises a job opening, a job description for the position needing to be filled should be written.
From a non-legal perspective, a job description prepared before the job solicitation process begins, gives an employer the opportunity to pinpoint the exact qualifications required for the position and will assist greatly in the hiring process. Other benefits to having job descriptions include providing employers and employees with a basis for performance evaluations and a benchmark for wage and salary comparisons within a company or among different job classifications.
However, legal issues also dictate the preparation of a job description before the application/job advertising process begins. A thorough, thoughtful job description assists an employer with its obligations under the Americans with Disabilities Act (ADA) and corresponding Oregon disability discrimination law. Under the ADA, applicants and employees must be able to perform the “essential functions” of the job in question, with or without reasonable accommodation. Although the ADA doesn’t require job descriptions, job descriptions will assist an employer who defends against a disability discrimination claim. According to federal regulations:
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