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Many employers view job descriptions as a formality, but in California, they carry legal weight. State laws require employers to disclose pay ranges, avoid certain screening language, and clearly define job functions. When written correctly, a job description becomes an effective recruiting tool and not a legal liability. Keep these laws and tips in mind when writing the job descriptions for your company’s positions.
A job description is more than a bullet-point wish list of qualities you hope candidates will have. It needs to accurately describe the role’s duties and responsibilities. It also needs to be legally compliant to avoid putting the company at risk.
When done well, a job description will attract top-quality candidates. It helps simplify the hiring process by attracting appropriately qualified applicants. It also demonstrates the company’s dedication to its employees by taking the time to accurately describe each role.
When writing a legally compliant job description, you need to consider the required and functional elements. That way, you can address your business needs with your legal responsibilities.
Start with a standardized, role-specific job title. Have a company-wide process for creating new job titles. Avoid inflated titles that don’t reflect duties.
Next, write a summary of the role. Keep it concise and high-level. Focus on the role’s purpose or the company’s reason for hiring for the position.
The job’s daily duties and tasks are typically listed next, in bullet points. Keep the list clear and action-oriented. Narrow the list to the major responsibilities.
A second bullet-point list should include the required qualifications. This list should include minimum education, skills, years of experience, or certifications. If specific qualifications are required, ensure they are job-related and not discriminatory. Some positions may require an explanation of working conditions that involve physical demands.
California requires employers to include a clear wage scale. Do not use vague terms or an explanation that does not include a numerical range.
Finish each job description with an Equal Employment Opportunity (EEO) statement.
California protects its workers by requiring employers to comply with several state laws.
A modern trend is for states to require employers to include a pay range in job descriptions. California followed this trend by passing SB 1162. If an employer has 15 or more employees, each job description must include a pay scale. The scale should accurately reflect the lowest to highest pay rate the employer expects to pay for someone performing in the position.
The pay rate must accurately reflect how the employee is paid. It could be an annual salary, an hourly rate, or a commission rate. Failure to include a pay scale can result in civil penalties from $100 to $10,000 per violation.
Avoid trying to get around this requirement by using language like “depending on experience (DOE)” without also including a clear range. Doing so may not satisfy the “good faith” requirement of the statute.
Employers may not request an applicant’s salary history verbally or in writing. Under AB 168, employers cannot include wording that suggests they will ask for the applicant’s previous salary. They also cannot ask about an applicant’s salary history during screening or interviews.
There are two common situations when companies face discrimination claims connected to job descriptions. The first is when a company knowingly creates a discriminatory job description. This happens when the wording creates a situation where someone in a protected class would be automatically disqualified based on their membership in a protected class. For example, a qualification such as the following would be unlawful: “Applicants must be under 40 years old to ensure physical stamina and long-term growth with the company.”
The other situation is more common and it happens when a company unknowingly creates a job description that is discriminatory based on how the wording is applied. It’s not discriminatory on its face, but it becomes discriminatory through its application. For example, when hiring for a business development position, the job posting states, “We’re looking for a young, energetic, digital native who thrives in a fast-paced environment and is willing to work long hours.” Although no explicitly discriminatory language is included, the line may act as a coded screen saying individuals over 40, or those with caregiver responsibilities need not apply.
Employers in California must comply with state and federal anti-discrimination laws. The Fair Employment and Housing Act (FEHA) outlines requirements for writing job descriptions.
The law encourages employers to tailor job descriptions to focus on the needs of the specific position. It aims to eliminate generic requirements such as “must be able to lift 50 pounds” when the position does not reasonably require them to lift 50 pounds. In 2025, California law was updated to forbid employers from requiring a valid driver’s license unless driving is essential to the job that cannot be comparably performed by alternative means.
Another best practice is to clearly separate the essential core functions someone will perform from the non-essential duties. Doing so helps standardize reasonable accommodation decisions. Companies must comply with the Americans with Disabilities Act (ADA) and FEHA, so showing how decisions are made helps avoid discrimination claims.
Job descriptions are more than internal documents in California. A compliant job description helps employers showcase why they would be a great place to work, attract qualified candidates, support lawful employment decisions, and demonstrate compliance with California’s evolving labor laws.
When job postings are drafted without legal guidance, businesses risk penalties and disputes that can be avoided with proper planning. JDS Lawyers works with California employers to develop legally sound employment practices tailored to their operations.
Let us help you write legally compliant job descriptions by contacting (951) 414-1010.
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