What Makes a Job Description Legally Compliant in 2024

The $250,000 Job Description Mistake

Last year, a mid-sized tech company settled an EEOC discrimination claim for $250,000. The reason? Their [Senior Software Engineer](/job-description/senior-software-engineer-general) job description required candidates to be 'recent college graduates' and have 'high energy levels.'

Both phrases violated age discrimination laws. The company never intended to discriminate, but intent does not matter in employment law.

Most recruiters obsess over candidate attraction metrics while missing the legal landmines buried in their job postings. Here is what makes a job description legally compliant in 2024.

The Five Legal Requirements Every Job Description Must Meet

1. Essential Functions Must Be Clearly Identified

The Americans with Disabilities Act (ADA) requires you to distinguish between essential and marginal job functions. This is not just good practice. It is federal law.

Essential functions are tasks that are fundamental to the role. If you remove them, the job fundamentally changes. Marginal functions are nice-to-haves.

Why this matters: When a candidate with a disability requests accommodation, you must provide it unless it prevents them from performing essential functions. If you cannot prove a function is essential because your job description listed everything as equally important, you lose legal protection.

How to fix it: Use phrases like 'essential duties include' or 'primary responsibilities' to clearly separate core functions from peripheral tasks.

2. Physical Requirements Must Be Job-Related and Necessary

You cannot require 'ability to lift 50 pounds' unless the job genuinely requires it. You cannot require 'excellent vision' unless visual acuity is essential to job performance.

The EEOC scrutinizes physical requirements heavily. Every physical demand must be:

• Actually required to perform the job
• Not a proxy for screening out disabled candidates
• Stated with specific context (lift 50 pounds how often? In what context?)

Red flag phrases to delete: 'Must be physically fit,' 'requires stamina,' 'demands high energy levels.'

Compliant alternative: 'Must be able to stand for 4-hour shifts during patient care' or 'requires ability to lift medical equipment up to 35 pounds with assistance available.'

3. No Age Proxies Anywhere in the Posting

The Age Discrimination in Employment Act (ADEA) protects workers over 40. But most age discrimination is not obvious. It hides in seemingly innocent phrases.

Illegal age proxies:

• 'Digital native'
• 'Recent graduate'
• 'High energy'
• 'Tech-savvy millennial'
• '3-5 years experience' (when the role does not genuinely require this narrow band)

These phrases signal 'we want young workers' and open you to discrimination claims.

Safe alternative: Focus on actual skills and outcomes. Instead of 'digital native,' write 'proficient in Salesforce, Slack, and Google Workspace.'

4. Gender-Neutral Language Throughout

Title VII of the Civil Rights Act prohibits sex discrimination. Your [Recruiter](/job-description/recruiter-general) job description cannot prefer one gender over another, even subtly.

Non-compliant examples:

• Using 'he' or 'she' instead of 'they'
• 'Salesman' instead of 'Sales Representative'
• Gendered job titles like 'waitress' or 'cleaning lady'

Research shows gender-coded words ('aggressive,' 'dominant,' 'competitive') deter women applicants. While not always illegal, they create disparate impact you will need to defend if challenged.

5. Reasonable Accommodation Statement

This is the most overlooked compliance requirement. Your job description should include language inviting accommodation requests.

Compliant statement example: 'We are committed to providing reasonable accommodations to individuals with disabilities. If you require accommodation during the application or interview process, please contact [email/phone].'

This single paragraph demonstrates good faith compliance efforts and can protect you in litigation.

The Compliance Checklist Before You Post

Before publishing any job description, run this 60-second audit:

• Age: Remove graduation years, age ranges, and energy-level language
• Disability: Verify every physical requirement is genuinely essential
• Gender: Replace gendered pronouns and job titles with neutral alternatives
• Essential functions: Clearly label which duties are core vs. preferred
• Accommodation: Include a reasonable accommodation statement

What About EEO Statements?

While not legally required for job descriptions under 15 employees, including an Equal Employment Opportunity statement is best practice.

Standard EEO statement: '[Company Name] is an equal opportunity employer. We celebrate diversity and are committed to creating an inclusive environment for all employees. All employment decisions are made without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, or veteran status.'

Place this at the end of every job posting. It signals compliance awareness and reduces frivolous claims.

When to Consult Employment Counsel

For sensitive roles (executive positions, roles with unusual physical demands, positions involving vulnerable populations), have your employment attorney review the job description before posting.

A $500 legal review beats a $250,000 settlement.

If you are hiring for regulated industries (healthcare, finance, education), compliance requirements extend beyond federal law. Your [Compliance Officer](/job-description/compliance-officer-general) job description, for example, may need additional regulatory language specific to your industry.

The Bottom Line

Legal compliance is not about limiting your candidate pool. It is about protecting your organization while accessing the widest possible talent market.

Every phrase you remove because it is discriminatory opens your role to candidates you were accidentally excluding. Compliance and inclusion are not opposing forces. They are the same goal.

Before you post your next role, spend five minutes on legal compliance. Your legal team will thank you.

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