Resources

Using Job Descriptions to Curb EEO exposure

(Source: Chubb Insurance Group)

An employer operating a supermarket chain will pay $275,000 and provide significant remedial relief to settle a sex discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). "Mars Super Markets To Pay $275,000 and Offer Jobs to Women To Settle EEOC Sex Discrimination Lawsuit," www.eeoc.gov (Sept. 1, 2009).

The EEOC charged the employer with sex discrimination for routinely failing to hire women as meat cutters. The lawsuit was filed on behalf of a part-time deli clerk who worked for the employer and applied for a job as an apprentice meat cutter. The EEOC claimed that the applicant was qualified but the employer did not hire her because she was a woman.

The settlement agreement will provide $118,000 to the rejected applicant in back pay, compensatory damages, and attorney's fees. The employer will also give back pay to other identified female applicants for the position of meat cutter who did not receive the job due to their gender.

In addition, the three-year consent decree that settles the lawsuit requires the employer to:

  • Extend job offers to women denied meat cutter jobs;
  • Post a notice to all female applicants and employees who were denied the job to let them know that they may be entitled to job offers and should contact the EEOC;
  • Refrain from discriminating on the basis of sex in any way;
  • Maintain employment records in compliance with Title VII;
  • Develop job descriptions for meat cutter positions;
  • Post a non-discrimination notice to employee and applicants; and
  • Provide anti-discrimination training to all current and all future officers, managers, and supervisors.

Commentary and Checklist

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex or gender. This prohibition applies to all employers with 15 or more employees and covers all opportunities and conditions of employment, including recruitment and hire.

In 2008, the EEOC received 28,372 charges of sex-based discrimination. Sex discrimination played a role in 29.7 percent of all charges filed.

To avoid liability for discrimination in hiring, employers should create job descriptions based on objective criteria directly related to the duties of the job. The job descriptions should state clearly that you are an equal employment opportunity employer.

When creating or updating job descriptions, consider these points:

  • Job descriptions should detail the physical and mental functions necessary to perform the job (e.g. able to lift 50 pounds, able to organize and file documents alphabetically).
  • Job descriptions should state typical hours of employment including start and end times.
  • Job descriptions should describe the working conditions including whether the job is indoors or outdoors.
  • Job descriptions should include job classification, title, essential duties as well as wages and benefits, where applicable.
  • Routinely review your job descriptions to ensure that they are up-to-date as positions evolve and change.
  • Make sure that your employees have a copy of your current job descriptions.
  • Provide job descriptions to applicants for the job.
  • Include your EEO statement and your at-will statement, if applicable, as part of a job description.

This informational piece is part of "The Loss Prevention Journal" published on October 1, 2009.