The Legal Challenges to the Job Evaluation Process
The most intrinsic part of a job evaluation is defining the essential functions of a particular job. Job functions must be properly defined in order for employers to comply with the American's with Disabilities Act, and discrimination and compensation regulations defined by the Equal Employment Opportunity Commission. By using the job ranking method and one of four methodologies, employers can determine an accurate description of the essential functions of any job and maintain compliance with the ADA and the EEOC.
Americans with Disabiltiies and EEOC
According to the Americans with Disabilities Act, job descriptions must clearly define the essential functions of the position when posted for hiring. The ADA requires employers to reasonably accommodate employees with disabilities. Definition of job functions is an integral part of determining the appropriate accommodation for a disabled employee. Employers who fail to accurately define job functions and fail to provide the proper accommodations will be held in violation of the ADA and can be fined.
The Equal Employment Opportunity Commission through the Equal Pay Act requires that men and women receive equal pay for equal work. The Equal Pay Act also depends on the clear definition of essential job functions in defining compensation for positions. Violation of the Equal Pay Act is also illegal and carry fines. In order to identify job functions and remain in compliance with the ADA and EEOC, employers can use a variety of methods including interviewing, observation and questionnaires.
The interview methodology is one way of defining essential job functions. The interview method in job ranking generates descriptive data and enables job-holders to interpret their own activities. Descriptive data are used to identify the essential job functions as mandated by the ADA and EEOC. A skilled interviewer can ask additional questions into sensitive areas, generating data that may not be unearthed using other job ranking methodologies. There is the potential for interviewer bias using this method. It can also be difficult to bring information together from different interviews and put together an accurate description.
Employers can define essential job functions using the observation method for some types of positions. Jobs that require the employee to move around and have a short duration are the best fit for this methodology. Identifying the job functions in positions requiring manual labor such as lifting and operating equipment is particularly important under the ADA, which requires employers to reasonably accommodate any employee with a disability.
Observers should remain as unobtrusive as possible in order to prevent an employee from deviating from his or her regular routine. Observation provides a first-hand analysis of essential job functions. This method is not appropriate for positions that require a long period of concentration or mental versus physical effort.
Questionnaires and Online Forms
Questionnaires and online forms are easier to administer than the observation or interview methods and are particularly suited to positions with a high concentration of mental versus physical job functions. There are a variety of established questionnaires which help employers determine essential job functions in a job evaluation including the Fleishman Job Analysis Survey, the Common Metric Questionnaire and Functional Job Analysis Scales which are used by the US Employment Service. Each of these job surveys is uniquely designed to uncover mental and physical functions as well as relationship functions of any position. Garnering accurate information is necessary to maintain compliance with the ADA and the EEOC and is achievable using one of the surveys.
As an educator, television producer and public relations/human resources professional, Mary Tucker-McLaughlin's work has been broadcast on radio and television with affiliates in the Midwest and the South since 1992. Her work has also been published in the "St. Louis Suburban Journals." Tucker-McLaughlin is an assistant professor in eastern North Carolina with a Ph.D. in mass communications from the University of South Carolina.