Explain the legal aspects of job analysis.

Question

What will be an ideal response?

Answer 1

The Uniform Guidelines on Employee Selection Procedures make it clear that HR requirements must be tied to specific job-related factors if employers are to defend their actions as a business necessity. Job descriptions are frequently the link to these job-related factors because they describe important tasks, duties, and responsibilities, and they often provide a basic overview of the individual characteristics needed to perform work.One result of the Americans with Disabilities Act (ADA) is increased emphasis by employers on conducting job analyses, as well as developing and maintaining current and accurate job descriptions and job specifications. The ADA requires that organizations identify the essential job functions. These do not include the marginal functions of the positions. Job analysis should also identify the physical demands of jobs.The federal Fair Labor Standards Act (FLSA) and most state wage/hour laws require that the percentage of time employees spend on manual, routine, or clerical duties affects whether they must be paid overtime for hours worked in excess of 40 hours a week. To be exempt from overtime, employees must perform their primary duties as executive, administrative, professional, or outside sales employees. Other legal compliance efforts, such as those involving workplace safety and health, can be facilitated and enhanced by the data provided by job analysis and job descriptions. It is difficult for an employer to have a legal staffing system without performing job analysis.