Draft before posting; include the salary range in pay transparency states.
Update essential functions and re-check FLSA classification promptly.
Confirm accuracy, update state requirements, and catch classification drift.
| Trigger | Due Date / Window | Notes |
|---|---|---|
| New role or job posting | Before posting | Aligns recruiting, pay grade, and FLSA classification. In pay transparency states, the posting must include the salary range at this point. |
| Significant duty change or reorg | Promptly after change | Update essential functions and re-check FLSA classification if the scope of duties has shifted meaningfully. |
| Annual review | Yearly | Quick review with manager and HR to confirm accuracy, update state pay transparency requirements, and catch classification drift. |
- Role basics: Job title, department, work location (onsite/remote/hybrid plus city/state), FLSA status (exempt or non-exempt), reporting line, and pay grade or range (required in some states for job postings).
- Purpose statement: One to two sentences on why the job exists and the outcomes it drives.
- Essential functions: Five to eight core duties that represent the fundamental purpose of the role; optionally add approximate percentage of time for each. "Essential" means the job exists to perform this function, or the function requires specialized expertise that few others could provide.
- Qualifications: Separated into Required and Preferred: education, certifications, skills, and experience. Only include requirements that are genuinely necessary for the role.
- Physical and working conditions: Lifting, standing, screen time, travel, environment; required for ADA essential functions analysis and accommodation decisions.
- Success metrics: Three to five measurable outcomes for the first 6 to 12 months, used for onboarding goals and performance reviews.
- Legal hygiene checklist: EEO-inclusive language, reasonable accommodation statement, "duties may change" disclaimer, and FLSA classification confirmation.
- Job posting (external): Create a trimmed version for job boards and career pages. Include the salary range if you're posting in a state that requires it. Keep EEO and accommodation language visible.
- At offer and Day 1: Provide the full job description to the new hire. Manager reviews expectations with the employee in the first week.
- Updates: Re-issue the description to the employee any time duties materially change. Keep a copy in the personnel file.
- Internal storage: Maintain the full, versioned description in your HRIS, ATS, or a shared HR drive, not only in a manager's email or desktop folder.
- Personnel file copyCurrent job description in the employee's personnel file. Signed or acknowledged is optional but useful in ADA and performance disputes.
- Version controlFile name should include the role, version number, and date (e.g., AccountingManager_v2_2026-03). Retain prior versions; they may be relevant if an FLSA classification or ADA claim refers to duties during a prior period.
- Intake and approvalManager intake notes and approval trail (email confirmation or HRIS workflow sign-off).
- Posting copiesFor job postings: retain a copy of each posted version with the salary range included, in case of a pay transparency audit.
Common traps
FAQs
What's the difference between essential and non-essential functions?
An essential function is a fundamental duty: the job exists to perform it, or the function requires specialized skill that can't be redistributed. A non-essential function is marginal: performed occasionally, distributable to others, or not the reason the role exists. The distinction matters in ADA accommodation: an employer must accommodate a disability that affects non-essential functions, but is not required to eliminate an essential function to do so.
How long should a job description be?
One to two pages is sufficient for most roles. Focus on outcomes and essential functions, not a comprehensive task inventory. A description that runs to five pages is harder to maintain, harder to use, and often signals that the role's purpose hasn't been clearly defined.
Does the job description create a contract with the employee?
Not if it includes a "duties may change" disclaimer and a statement that the description is not an employment contract. Include both. Some states have stronger implied contract doctrines; if you operate in California or other states with strong employee protections, confirm your disclaimer language is adequate.
- EEOC: The ADA, Your Responsibilities as an Employer (includes essential functions overview)
- EEOC: Enforcement Guidance on Reasonable Accommodation and Undue Hardship (detailed essential functions analysis)
- DOL: FLSA Overtime Exemptions (white-collar exemption tests: executive, administrative, professional)
- GovDocs: Pay Transparency Laws by State (maintained state-by-state reference for salary range posting requirements)
- Pay transparency, salary range in job postings: As of mid-2026, the following states require employers to include a salary range or pay scale in job postings (thresholds and exact requirements vary by state): California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Rhode Island, Virginia (effective July 1, 2026), Maine (effective July 29, 2026), and Washington. Several localities have their own requirements, including New York City, Cincinnati, Cleveland, and others. If you post jobs nationally, apply the strictest applicable rule; national job boards typically display postings to candidates in all of these states.
- FLSA white-collar exemptions: The job description is a key piece of evidence in an FLSA exemption defense. The executive, administrative, and professional exemptions each have a duties test; the description's characterization of the role's primary duty and level of discretion must match how the job actually works. An outdated or inaccurate description is worse than no description in a misclassification dispute.
- ADA essential functions and accommodation requests: A job description prepared before advertising or interviewing is treated by the EEOC as evidence of essential functions. This means a pre-hire job description carries more weight in an accommodation dispute than one updated after a disability is disclosed. Keep descriptions current and accurate, not inflated to make accommodation requests harder to grant.
- Multi-state posting: If you are hiring in multiple states or posting on national job boards, audit your postings against each state's pay transparency requirements before publishing. Some state laws apply even when the employer is based in a different state, as long as the position can be performed in, or is primarily located in, the covered state.
Copy this into a Word doc or your HRIS template library, fill in the brackets, and you're done. The disclaimer and accommodation language at the bottom are ready to use as written.
Job Title: [Title] Department: [Dept] Reports To: [Manager Title] Location: [Onsite / Remote / Hybrid, City, State] FLSA Status: [Exempt / Non-Exempt] Pay Range: [$X to $Y] (Required in CA, CO, CT, HI, IL, MA, MD, MN, NJ, NY, RI, VA, WA, and other jurisdictions) Role Purpose [1 to 2 sentences on why this job exists and the outcomes it drives.] Essential Functions [List 5 to 8 core duties. Mark optional % of time for each.] - [Duty 1]: [%] - [Duty 2]: [%] - [Duty 3]: [%] - [Duty 4]: [%] - [Duty 5]: [%] - Other duties as assigned. Qualifications Required: - Education / Certifications: [minimum genuinely necessary for the role] - Experience / Skills: [specific, job-related requirements only] Preferred: - [Nice-to-have skills, tools, or industry background] Physical and Working Conditions - [Lifting, standing, screen time, travel, environment. Be accurate; this section informs ADA accommodation analysis.] Success Metrics (First 6 to 12 Months) - [Measurable outcome 1] - [Measurable outcome 2] - [Measurable outcome 3] Schedule [Hours per week; shift; overtime expectations if applicable] Reasonable Accommodation [Company name] provides reasonable accommodations to qualified individuals with disabilities in accordance with applicable law. If you need an accommodation to perform the essential functions of this role, please contact [HR contact or process]. EEO Statement [Company name] is an equal opportunity employer. We do not discriminate on the basis of race, color, religion, sex, national origin, age, disability, veteran status, or any other characteristic protected by applicable law. Disclaimer This job description does not constitute a contract of employment and may be revised at any time to meet business needs. Version: [v1.0] Date: [YYYY-MM-DD] Approved by: [Name / Title]