What Are EEOC Job Description Requirements and Why Do They Matter?
It’s easy to pen down a job description, but if you forget about EEOC job description requirements, you can land in serious trouble. So, what’s the solution then?
You must learn about EEOC requirements and how they affect job descriptions. Compliance with EEOC guidelines guarantees equal opportunity hiring for business owners, HR professionals, or entrepreneurs. To learn more about EEOC job description requirements, why they matter, and how to write inclusive job descriptions, read on.
HR Courtroom: Spot the Violation
You’re the EEOC Compliance Officer. Read the “job post” below and choose the correct legal assessment.
Exhibit A: “We’re looking for a young, energetic team player.”
Exhibit B: “Applicants must be recent college graduates.”
Exhibit C: “Candidates must be able to lift 50kg.”
What is the EEOC?
EEOC is short for Equal Employment Opportunity Commission. It is a federal agency that was founded in 1965. This agency works against employment discrimination, be it race, color, religion, sex, etc.
EEOC is also partnered with the Department of Labor’s Office of Federal Contract Compliance Programs. This partnership allows the EEOC to monitor federal contractors’ compliance with OFCCP job posting requirements. What this means is that it’s impossible to do business with the government if you do not comply with EEOC standards.
EEOC Timeline
1965
The EEOC is established to enforce Title VII of the Civil Rights Act — marking the start of federal oversight on workplace discrimination.
1972
EEOC gains authority to sue private employers, dramatically increasing its enforcement power and influence in employment law.
1990
The Americans with Disabilities Act is passed. The EEOC takes charge of enforcing protections for individuals with disabilities.
Today
The EEOC leads EEO-1 reporting, monitors AI bias in hiring, and updates guidance for remote work, DEI, and inclusive language.
⬅️ Scroll horizontally to explore the timeline ➡️
What Are EEOC Job Description Requirements?
Clear Definition of Essential Job Functions
Firstly, identify what are the essential functions of a job. This is one of the best practices under the EEOC job description requirements and also complies with the Americans with Disabilities Act (ADA).
Some examples include operating a vehicle safely for a delivery, preparing and delivering a lesson plan for a teacher, and so on.
Non-Discriminatory Language
There should be no discrimination in the job description you are writing, directly or indirectly.
Don’t use gendered terms, age preferences, and physical requirements that are not required. Try to be as inclusive as possible to show that the company is fair and respectful. In this way, you can also reduce the risk of EEOC claims.
Use Appropriate EEOC Job Codes
As employers, particularly federal contractors, you are required to utilize valid EEOC job codes for job announcements and EEO-1 reports. The codes classify jobs for demographic analysis. Misused codes can lead to compliance errors and can trigger audits or fines.
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Why Do EEOC-Compliant Job Descriptions Matter?
Legal Compliance and Risk Mitigation
As stated by the EEOC, in 2023, EEOC was charged with 81,055 new discrimination charges, a 10% increase from the previous year. Non compliant job descriptions can result in discriminatory hiring, putting employers at risk of legal and possible financial retaliation.
Promoting Diversity and Inclusion
You should focus on writing clear and impartial job descriptions to draw a diverse group of applicants. This can be done by listing the most essential qualifications and duties required from a candidate and by refraining from using any words that can be discriminatory.
Enhancing Employee Performance and Satisfaction
If you write an accurate job description, it clarifies expectations, enhancing performance and job satisfaction. They provide a basis for reviews and development, promoting an open and motivating working environment.
Common Mistakes Employers Make
Using Discriminatory Language in Job Postings
For instance, if an ideal candidate sees your job description, notices the phrase “recent college graduate” and avoids applying because they’re not a recent graduate. Such phrases can result in potential discrimination and should be avoided while writing job descriptions.
Failing to Define Essential Job Functions
If you are not explaining the essential functions of a job, then you are creating ambiguity for your potential applicants, especially when assessing accommodations under the ADA essential functions criteria. This mistake can cause multiple misunderstandings and legal complications.
Inconsistent Application of Workplace Policies
If you are implementing policies inconsistently then it’s time to stop as it can be a sign of discrimination. Different treatment of similarly situated employees for no discernible reasons can give rise to charges of unfair treatment.
Neglecting Regular Updates to Job Descriptions
Just like evolving technology requires us to adapt to it, in the same way you have to adapt to evolving roles and update your job descriptions. If you’re not doing this then you are misleading your candidates with inaccurate information.
Overlooking the Importance of EEOC Job Codes
Wondering why your company was exposed to audits or fines? The answer lies in incorrect or outdated EEOC job codes. Incorrect codes can lead to misreporting in required filings such as the EEO-1 report due to which companies can face the threat of audits or fines.
You’re Being Sued: Can You Defend Your Job Description?
You’re in the hot seat. Read each job description line and the candidate’s complaint. Decide how to handle it.
JD Line: “Recent graduates encouraged to apply.”
Candidate Complaint: “I have 15 years of experience but felt this discouraged me from applying.”
JD Line: “We’re looking for a strong male leader to guide the sales team.”
Candidate Complaint: “I’m a woman with 10 years in sales leadership. I felt excluded.”
How to Write EEOC-Compliant Job Descriptions
Conduct a Thorough Job Analysis
You should start by conducting a thorough analysis to determine a job’s essential functions, such as core duties and responsibilities. Tools such as O*NET provide standardized data on job requirements and competencies.
Clearly Define Essential Job Functions
Your next step should be to highlight the main duties that are most important for the job. According to the Job Accommodation Network, a job description usually has six main elements, and the essential job functions are the most important.
Use Inclusive and Non-Discriminatory Language
Make sure that your job description is written in neutral and inclusive terms. Do not make anyone feel excluded by using a certain language.
For example, rather than saying that a person “must be able to lift 50 kgs.”, write “moving equipment up to 50 kgs.”. You are then describing the task, not the person’s characteristics, which assists in including everyone.
Incorporate EEOC Job Codes
You should never forget to assign the correct EEOC job codes to the job. EEOC codes categorize jobs into classifications for analysis and reporting and assist in meeting federal reporting requirements. Proper classification is important in terms of remaining compliant and contributing to organizational analyses.
Include an Equal Employment Opportunity (EEO) Statement
A genuine EEO policy demonstrates your company’s commitment to diversity and inclusion. Though not all employers are required to have one, it enhances reputation among job candidates.
Regularly Review and Update Job Descriptions
When job roles change, revise job descriptions.
Continuous review keeps tasks, responsibilities, and qualifications aligned with EEOC job description requirements, which support performance appraisals, proper hiring, and effective staffing planning.
Conclusion
Adhering to EEOC job description requirements protects your organization legally and communicates your commitment to fairness and diversity. It matters since 3 out of 4 job seekers consider diverse workforces part of their evaluation of companies, as reported by Glassdoor.
Defining job duties in neutral language, using EEOC codes applied, and adding a strong EEO statement lays the groundwork for fairness in the workplace. Ongoing compliance, building team empowerment, candidate assurance, and good business development do not stop with job descriptions; update descriptions periodically as jobs or technology evolve.
FAQs
Don’t use biased words such as “young,” “digital native,” or “strong male.” Put emphasis on job responsibilities and employ inclusive, neutral language to invite all qualified candidates.
It is advisable to review and revise job descriptions annually or when a job substantially changes. It keeps them in line with EEOC job description requirements and evolving organizational needs.
Yes, but with some details. Businesses with 15 or more employees must meet federal EEOC job description requirements. But smaller companies may still be required to meet state or local anti-discrimination laws.
Yes. An unclear or incomplete job description that fails to include important ADA functions can be used as evidence in wrongful termination or discrimination cases.
Yes. Including an Equal Employment Opportunity statement demonstrates your commitment to fair hiring practices and supports compliance with both EEOC and OFCCP job posting requirements.
