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Job Description Rules

What is a job description and is it legal to make changes in an employee’s job description? Is there job description laws or somewhere for employees/employers to turn for job description help? Questions like these are often asked when dealing with employment issues. Read below some of the top job description questions that are answered by Experts.

Is it illegal not to have a job description?

It is not illegal not to have a job description in posting a job. The employer may provide more detail at the interview stage. Practically, it’s probably not very smart not to have one.

If an employee is disabled, can they argue the fact that a job description was misrepresented under the American Disabilities’ Act of 1990 section 501.

You can if the employer changed the job description during your employment and did not provide a reasonable accommodation to you even though you requested it. When facing job description issues, asking an Expert can mean getting the job description help you need.

Can an employer change an employee’s job description and hours of work without consent from the employee?

In most situations yes, an employer can change an employee’s job duties at anytime as well as change his or her hours of work. However there should be some notice given to the employee, this would not be a legal issue but a moral and ethical issue.

In Illinois, can a employer make an employee get a CDL license after working for the employer for 11 years if there are no vehicles that require that type of license?

The employer can't force the employee to get a specific drivers license but they can fire you for not having it if it is a requirement, even after 11+ years. Illinois is an "employment At Will" state which means an employee has almost no rights.

Can an employer specify being able to speak English as a job description or would this be discrimination?

If the employer can substantiate that the ability to speak English fluently is a specific job description or qualification because of essential duties, then speaking English would be a legitimate job description. If speaking English is a necessary requirement to do his/her job, meaning someone else couldn't do it for him/her, and then it is essential. If someone else could do the job without speaking English, then that would not be a legitimate job description and could be used as a discrimination suit. The employer must however be careful how it is worded during the interview process as well as the hiring process to not ask, What is your native language; what is the language you speak at home; or how did you learn to read write or speak a specific language.

Since a job description is mainly a list of duties that an employee would perform on a job, these lists could change as the job duties grow or change. Many times bringing legal issues and questions to arise. The Employment Lawyers are here to help answer any type of employment related questions including job description questions. When you need fast affordable answers, ask an Expert.
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